Allowed

Bhakthawar Singh v. B.B.M.B. etc.

Punjab & Haryana HC25 Feb 2016CWP/17275/2013

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a writ petition relying on a prior judgment, ordering respondents to calculate and pay the petitioner's pension and arrears based on his entire period of daily wage service being treated as qualifying service.

What did the court decide?

Respondents directed to treat whole period of work charge service as qualified service for pension and calculate and pay pension and arrears.

Bhakthawar Singh Vs B.B.M.B. etc. — Pension and Retirement Benefits | Punjab & Haryana HC (2016)

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Civil Writ Petition No. 17275 of 2013

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In the High Court of Punjab and Haryana at Chandigarh

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Civil Writ Petition No. 17275 of 2013 Date of Decision: 25.2.2016.

Bhakthawar Singh

........Petitioner

Versus

Bhakra Beas Management Board and others .......Respondents

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CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Mr. S.S.Rana, Advocate for the petitioner.

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Mr. Naveen Chopra, Advocate for the respondents.

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SABINA, J.

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Petitioner has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of certiorari for quashing the reply dated 21.6.2013 (Annexure P-7).

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Learned counsel for the petitioner has submitted that the case of the petitioner is covered by the decision given by this Court in CWP No. 2371 of 2010 decided on 31.8.2010 Annexure P-8.

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Learned counsel for the respondents has failed to controvert the submissions made by the learned counsel for the petitioner.

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This Court while allowing CWP No. 2371 of 2010 has observed as under:-

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“From the above discussion, we have come to the

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GURPREET SINGH 2016.02.29 16:01 I attest to the accuracy and authenticity of this document chandigarh

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Civil Writ Petition No. 17275 of 2013

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conclusion that the entire daily wage service of the petitioner from 1988 till the date of his regularization is to be counted as qualifying service for the purpose of pension. He will be deemed to be in govt. service prior to 1.1.2004. The new Re-structured Defined Contribution Pension Scheme (Annexure P-1) has been introduced for the new entrants in the Punjab Government Service w.e.f. 01.01.2004, will not be applicable to the petitioner. The amendment made vide Annexure P-2 amending the Punjab Civil Services Rules, cannot be further amended by issuing clarification/instructions dated 30.5.2008 (Annexure P-3). The petitioner will continue to be governed by the GPF Scheme and is held entitled to receive pensionary benefits as applicable to the employees recruited in the Punjab Govt. Services prior to 1.1.2004.

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In view of the above, the writ petition is allowed. Accordingly respondents are directed to treat the whole period of work charge service as qualified service for pension because accordingly to clarification issued on 30.5.2008 (Annexure P-3), the new defined Contributory Pension Scheme would be applicable to all those employees who have been working prior to 1.1.2004 but have been regularized thereafter. Let his pension and arrears be calculated and paid to him expeditiously, preferably within a period of three months from the date of receipt of copy of this order ”

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Accordingly, this petition is disposed of in terms of the

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GURPREET SINGH 2016.02.29 16:01 I attest to the accuracy and authenticity of this document chandigarh

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Civil Writ Petition No. 17275 of 2013

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decision given by this Court in CWP No. 2371 of 2010 decided on 31.8.2010.

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(SABINA) JUDGE

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February 25, 2016 Gurpreet

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GURPREET SINGH 2016.02.29 16:01 I attest to the accuracy and authenticity of this document chandigarh

Bhakthawar Singh v. B.B.M.B. etc.

Case brief

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Bhakthawar Singh v. B.B.M.B. etc.

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