Punjab-Haryana High Court
Avtar Singh And Another vs The State Of Punjab And Others on 21 August, 2013
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
CWP No. 16459 of 2012
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 16459 of 2012
Date of Decision : 21.08.2013.
Avtar Singh and another ...Petitioners
Versus
The State of Punjab and others ...Respondents
CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr. Shalender Mohan, Advocate for the petitioners.
Ms. Sudeepti Sharma, Deputy Advocate General, Punjab.
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Tejinder Singh Dhindsa, J. (Oral)
This order shall dispose of Civil Writ petition No. 16459 of 2012 (Avtar Singh and another Vs. State of Punjab and others), CWP No. 16705 of 2012 (Jaswinder Singh and others Vs. The State of Punjab and others), CWP No. 16707 of 2012 (Shiv Kumar and others Vs. The State of Punjab and others), CWP No. 16740 of 2012 (Subh Karan and others Vs. The State of Punjab and others), CWP No. 16783 of 2012 (Gurmail Singh and others Vs. The State of Punjab and others) and CWP No. 4176 of 2013 (Gurmeet Singh and others Vs. The State of Punjab and others) as common issue is involved. Facts, however, are being noticed from CWP No. 16459 of 2012.
The petitioners were initially recruited on daily wage basis against the post of Pump Operators and their dates of joining Kanchan 2013.08.26 10:53 I attest to the accuracy and integrity of this document CWP No. 16459 of 2012 2 were between 01.03.1989 to 19.03.1989. Their services were thereafter regularised on various dates between 21.06.2007 to 25.06.2007. The challenge in the petition is to the order dated 16.07.2012 (Annexure-P7), whereby the claim of the petitioners for counting of daily wage service towards grant of pensionary benefits had been denied. In the impugned order, a view has been taken that benefit of counting of daily wages/work charges basis service towards pensionary benefits can only be granted in respect of such Govt. employees, who were regularised prior to 01.01.2004.
Suffice it to notice that all the petitioners in these bunch of petitions were recruited on daily wage basis prior to 01.01.2004 and all of them had been regularised after 01.01.2004.
Counsel for the parties are agreed that the controversy raised in the present writ petition would be covered in favour of the petitioners in the light of Division Bench judgement of this Court dated 31.08.2010 passed in CWP No. 2371 of 2010 titled as Harbans Lal Vs. The State of Punjab and others, which stands affirmed up to the Hon'ble Supreme Court of India. In the Division Bench Judgment in Harbans Lal's case (supra), it has been held that the entire daily wage service of the petitioner therein from the year 1988 till the date of his regularisation is to be counted towards qualifying service for the purpose of pension. It was further held that the petitioner therein would be deemed to be in Govt. service prior to 01.01.2004 and the Re-structured Defined Contribution Pension Scheme duly introduced was to apply only for the new entrants into Govt. service w.e.f. 01.01.2004.
Applying the ratio of the judgment in Harbans Lal's case Kanchan 2013.08.26 10:53 I attest to the accuracy and integrity of this document CWP No. 16459 of 2012 3 (supra), the present petitions are allowed. The impugned orders, whereby the claim of the petitioners for counting of daily wages service towards grant of pensionary benefits has been denied are quashed. Directions are issued to the respondents-authorities to count the services of the petitioners rendered on contractual/daily wages basis followed by the regular service for the purpose of qualifying service for pension as also other admissible retiral/ pensionary benefits. It is further directed that the requisite exercise for computing such benefits be completed within a period of three months from the date of receipt of a certified copy of this order and the revised pensionary/retiral benefits be released to the petitioners forthwith thereafter.
Petitions allowed in the aforesaid terms.
August 21, 2013. (TEJINDER SINGH DHINDSA)
kanchan JUDGE
Kanchan
2013.08.26 10:53
I attest to the accuracy and
integrity of this document