NAND LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is seeking directions to the respondents to count the entire period of the petitioner on adhoc basis as qualifying service for grant of pension and to treat the petitioner under the old GPF Scheme and to grant the petitioner the pensionary benefits as applicable to the employees recruited in the Haryana Govt. Services prior to 1/1/2006 in view of the judgment passed in Harbans Lal Vs. The State of Punjab and others passed in CWP No.2371 of 2010.

(2.) In the present case, ratio of judgment followed by this Court passed in the case of Harbans Lal Vs. The State of Punjab and others passed in CWP No.2371 of 2010 (Annexure P-6) wherein, it is held that the employee, who were appointed on daily wage basis before the introduction of New Pension Scheme but were regularized after introduction of New Pension Scheme will be governed under Old Pension scheme and their entire service of daily wage basis till regularization will be count as qualifying service for grant of Pension under Old Pension Scheme. Thereafter, judgment has been passed on the same question in the case of Som Nath and others Vs. State of Punjab passed in CWP No.1432 of 2012 (Annexure P-7) against which an SLP has been filed which was dismissed by Hon'ble Supreme Court vide judgment dtd. 22/7/2013 (Annexure P-8) and thereafter, bunch of writ petitions were allowed on 5/2/2015 (Annexure P-9) in the case of Amarjit Singh and others Vs. State of Punjab and others passed in CWP No.25106 of 2013 on the same question.

(3.) In this case, respondents were creating pressure on the petitioner to opt for the New Pension Scheme and get opened CPF account on the plea that since the services of the petitioner has been regularized on the post of driver only on 13/8/2014 i.e. after notification of New Pension scheme, so New Pension Scheme will apply on the petitioner. As per plain reading of Rule 3.17 A Clarification dtd. 17/3/2010 (P-4) and of New Pension Scheme (P-5), makes it clear that the petitioner who was appointed as driver on adhoc basis on 1/9/1997 has to be granted benefit of Old Pension Scheme by taking into account his entire adhoc service as qualifying service.