SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of CWP-16147-2023, CWP- 22492-2016, CWP-15123-2017, CWP- 15502-2023, CWP-15513-2023, CWP No.16147 of 2023 (O&M) 4 2024:PHHC:006821 CWP- 15517-2023, CWP-15526-2023, CWP-16214-2023, CWP-15594- 2023, CWP-15491-2023, CWP- 14991-2023, CWP-15693-2023, CWP15481-2023 and CWP-15610-2023, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CWP No.16147 of 2023.

(2.) Feeling aggrieved against the order dtd. 26/5/2023 (Annexure P-16), whereby the claim of the petitioner for release of benefits under the Old Pension Scheme, has been rejected and for impugning the said order, the instant writ petition has been filed under Articles 226/227 of the Constitution of India.

(3.) Brief facts as pleaded in the writ petition are that that the petitioner was appointed as Mate on daily wage basis on 1/4/1993 in erstwhile Municipal Council, Hoshiarpur (now Municipal Corporation) and his services were terminated on 31/3/1994 and against the said termination, the petitioner raised the industrial dispute and vide award dtd. 22/2/2001 (Annexure P-1), the learned Labour Court, Jalandhar, held that the termination of the petitioner/workman is illegal, null and void and the same was accordingly set-aside and the petitioner was ordered to be reinstated in service with continuity of service with full back wages. Consequent upon the award dtd. 22/2/2001, the petitioner was allowed to join his duties w.e.f. 18/9/2002. Keeping in view the length of service of the petitioner, his services were ordered to be regularized vide order dtd. 15/3/2012, in the pay-scale of 4900- 10680 + Grade Pay 1650. Clause I of the said regularization order states that the petitioner will be subject to applicability of New Defined CWP No.16147 of 2023 (O&M) 5 2024:PHHC:006821 Contributory Pension Scheme. The said Scheme has come into force by way of Notification dtd. 12/12/2006 after amending Rule 1.2 of the Punjab Civil Services Rules Volume 1 Para 1 and has been made applicable to the government employees, who are appointed on or after 1/1/2004. It has further been averred that the petitioner submitted representation dtd. 29/5/2015 for implementation of the Pension Scheme, which was prevalent prior to 1/1/2004 as he was covered under the Old Pension Scheme. The same was followed by another representation dtd. 15/10/2015, however, no action whatsoever was taken by the respondents on the said representation, therefore, the petitioner approached this Court by filing CWP No.22028 of 2016, which was disposed of by this Court vide order dtd. 20/1/2023 and respondent No.3/competent authority was directed to consider and decide the claim made in the representations dtd. 29/5/2015 and 15/10/2015, in accordance with law by passing a speaking order within a period of 03 months and it was further ordered that in case the petitioner is found entitled, his claim be released within a period of 06 weeks thereafter. The petitioner, thereafter, served a legal notice dtd. 13/3/2023, upon the respondents for claiming the benefit of Old Pension Scheme and along with the legal notice attached various judgments passed by this Court wherein similar claim of similarly situated employees was accepted by this Court. However, the claim of the petitioner for grant of pensionary benefits under the Old Pension Scheme, which was prevalent prior to 1/1/2004, has been rejected by respondent No.3 vide order dtd. 26/5/2023, mainly on the ground that CWP No.16147 of 2023 (O&M) 6 2024:PHHC:006821 when the services of the petitioner were regularized w.e.f. 15/3/2012, New Pension Scheme had already come into force w.e.f. 1/1/2004, therefore, his case is not covered under the Old Pension Scheme. The said order is impugned in the present writ petition.