VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 4/11/2025, this Court had passed the following order:-

(2.) This Court finds that the stand taken by the respondent-department is not in consonance with the judgment dtd. 18/12/2019, as rendered by a Co-ordinate Bench of this Court in CWP-7239-2015 titled as "Labh Singh Dhaliwal and others Vs. State of Punjab". Relying upon the legal principles enunciated in Labh Singh Dhaliwal's case (supra), another Co-ordinate Bench of this Court, while rendering the judgment dtd. 3/8/2023 in CWP-7764-2017 titled as "Dr. S.C. Aneja and another Vs. State of Punjab and others", held that the cut off date fixed by the State of Punjab in the Circular dtd. 15/12/2011 has no nexus to the purpose sought to be achieved once the requirement of 33 years of service has been dispensed with for granting full pension, the same would apply uniformly to all the retired persons who have attained superannuation prior to passing of order dtd. 15/12/2011 and cannot be limited to those who retired after 1/12/2011. The relevant paragraphs of the judgment dtd. 3/8/2023 are extracted hereunder:-

(3.) Following the legal position settled in the judgments (supra), this Court is of the considered opinion that the petitioner's pension is also liable to be recalculated by applying 25 years, rather than 33 years, as the benchmark for qualifying service. Accordingly, the present writ petition is disposed of with a direction to the respondent-department to re-examine the petitioner's case and recalculate his pension in light of the judgments (supra). The necessary exercise shall be completed within six weeks from the date of receipt of a certified copy of this order.