Punjab-Haryana High Court
Sultan Ram And Others vs State Of Punjab And Others on 17 January, 2013
Author: A.K.Sikri
Bench: A.K.Sikri
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.W.P. No.13458 of 2012
Date of Decision:17.1.2013
Sultan Ram and others
-- Petitioner
Vs.
State of Punjab and others
--Respondents
CORAM:HON'BLE MR. JUSTICE A.K.SIKRI, CHIEF JUSTICE HON'BLE MR. JUSTICE RAKESH KUMAR, JAIN,JUDGE Present: Mr. K.L.Arora, Advocate, for the petitioners Mr.J.S.Puri, Addl.A.G.Punjab.
A.K.SIKRI, CJ: (Oral) The petitioners have filed this writ petition seeking quashing of policy decision dated 18.3.2011, to the extent it provides "that the petitioners shall be given the benefit of past services rendered by them on daily wage basis and further that they shall be governed by new Contributory Pension Scheme". The petitioners have also prayed that the respondents should continue with the old GPF Scheme and merely because they were engaged prior to 2004 on daily wage basis but regularized after 2004, would not mean that they are governed by new Contributory Pension Scheme.
It is not disputed by the respondents that the matter is C.W.P. No.13458 of 2012 -2- covered by the two judgments of this Court, particulars whereof are
(i) CWP No. 2371 of 2010 titled as Harbans Lal Vs. State of Punjab and others, decided on 31.8.2010 and (ii) CWP No. 5584 of 2012 titled as Birbal Vs. State of Punjab. There are so many other judgments rendered by this Court where the judgment in the case of Harbans Lal (supra) has been followed.
In view of this admitted position in law, the writ petition is allowed directing the respondents to treat the whole period of work charge service and daily wage basis as qualified service for pension. It is also made clear that the new defined Contributory Pension Scheme shall be applicable to all those employees who were the employees prior to 2004 but have been regularized thereafter.
(A.K.SIKRI)
CHIEFJUSTICE
17.1.2013 (RAKESH KUMAR JAIN )
rr JUDGE