Municipal Corporation Batala and Another Vs Deepak Kumar and Others

116 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of Decision : 16.07.2026

1. CM-1490-1491-LPA-2026 in/and LPA-590-2026 (O&M) MUNICIPAL CORPORATION BATALA AND ANOTHER ........Appellants VERSUS DEEPAK KUMAR AND OTHERS ........Respondents 2. CM-1880-1881-LPA-2026 AND CM-3257-LPA-2026 IN/AND LPA-753-2026 (O&M)

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MUNICIPAL CORPORATION SAMRALA AND ANOTHER

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........Appellants VERSUS JAGROOP SINGH AND OTHERS ........Respondents 3. CM-1910-1911-LPA-2026 in/and LPA-763-2026 (O&M)

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MUNICIPAL CORPORATION SAMRALA AND ANOTHER ........Appellants VERSUS DEEPAK PADAM AND OTHERS ........Respondents 4. CM-2198-2197-LPA-2026 in/and LPA-880-2026 (O&M)

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MUNICIPAL COUNCIL KHANNA DISTRICT LUDHIANA

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SAPNA GOYAL 2026.07.23 13:15 I attest to the accuracy and integrity of this document

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CM-1490-1491-LPA-2026 in/and LPA-590-2026 (O&M) and other connected cases

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........Appellants

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VERSUS

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KIRANDEEP SINGH AND OTHERS ........Respondents 5. CM-2701-2702-2703-LPA-2026 in/and LPA-1104-2026 (O&M) STATE OF PUNJAB AND ANOTHER ........Appellants VERSUS HARBANT SINGH AND OTHERS ........Respondents 6. CM-2836-2837-LPA-2026 in/and LPA-1162-2026 (O&M) MUNICIPAL COUNCIL NANGAL THROUGH EXECUTIVE OFFICER ........Appellants VERSUS PUMMY SHARMA AND OTHERS ........Respondents 7. CM-2839-LPA-2026 in/and LPA-1164-2026 (O&M) MUNICIPAL COUNCIL, NANGAL THROUGH EXECUTIVE OFFICER ........Appellant VERSUS MEENA KUMARI AND OTHERS ........Respondents

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CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL

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Present: Ms. Promila Nain, Senior Advocate with Mr. Pranab Bansal, Advocate and Ms. Kanchan, Advocate for the appellant in LPA No.590 of 2026. Ms. Arshdeep, Advocate for the appellants in LPA Nos.753 and 763 of 2026.

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SAPNA GOYAL 2026.07.23 13:15 I attest to the accuracy and integrity of this document

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CM-1490-1491-LPA-2026 in/and LPA-590-2026 (O&M) and other connected cases

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Ms. Anu Chatrath, Senior Advocate with Ms. Jyoti Pandey, Advocate for the appellant in LPA No.880 of 2026.

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Mr. Navdeep Chhabra, Advocate For the appellant in LPA Nos.1162 and 1164 of 2026.

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Mr. P. S Jammu, Advocate with Mr. Santosh Kumar Yadav, Advocate for the appellant in LPA Nos.590 and 1104 of 2026.

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Mr. Vikas Chatrath, Senior Advocate with Mr. Pragya Malik, Advocate and Ms. Samridhi Chatrath, Advocate For the respondents in LPA Nos.753 and 763 of 2026

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Mr. Chanchal K. Singla, Additional Advocate General, Punjab and Ms. Medha Dhewan, Advocate and Ms. Archana, Advocate in LPA No.1104 of 2026.

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Mr. Varun Veer Chauhan, Advocate For the respondents in LPA Nos.1162 and 1164 of 2026.

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Mr. K.L Arora, Advocate with Mr. Naveen Kumar, Advocate for respondent Nos.1-7 LPA Nos.763 and 880 of 2026.

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Ms. Arunadhati Kulshreshtha, AAG, Punjab.

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HARSIMRAN SINGH SETHI, J. (Oral)

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CMs-1490-1880-1910-2198-2701-2836-2839-LPA-2026 in/and LPAs-590-753-763-880-1104-1162-1164-2026 respectively

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Present applications have been filed seeking condonation of delay of 128 days in CM No.1490-LPA-2026 in LPA No.590 of 2026, delay of 145 days in CM No.1880-1910 of LPA-2026 in LPA Nos.753 and 763 of 2026 respectively, delay of 181 days in CM No.2198-LPA of 2026 in LPA No.880 of 2026, delay of 168 days in CM No.2701-LPA of 2026 in LPA No.1104 of 2026, delay of 41 days in CM No.2836-LPA of 2026 in LPA

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SAPNA GOYAL 2026.07.23 13:15 I attest to the accuracy and integrity of this document

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CM-1490-1491-LPA-2026 in/and LPA-590-2026 (O&M) and other connected cases

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No.1162 of 2026 and delay of 58 days in CM No.2839-LPA of 2026 in LPA No.1164 of 2026 in filing the present appeals.

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Keeping in view the averments made in the applications, which

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are duly supported by affidavits, the applications are allowed.

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Delay of 128, 145, 145, 181, 168, 41, 58 days in filing the present appeals in CMs-1490-1880-1910-2198-2701-2836-2839-LPA-2026 in/and LPAs-590-753-763-880-1104-1162-1164-2026 respectively, is condoned.

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Main appeals

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Present are the bunch of seven appeals, the details of which are mentioned in the heading involve common question of law in the context of common set of facts and thus they are being decided by a common order. For the sake of convenience and better understanding, the facts are drawn from LPA-590-2026 (O&M).

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In the present bunch of appeals, challenge is to the judgement dated 25.08.2025 passed by the learned Single Judge in CWP No.14193 of 2023 titled “Deepak Kumar and others vs. State of Punjab and ors.”.

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In the present bunch of appeals, the learned Single Judge vide judgment dated 25.08.2025 has granted the benefit of previous service after regularization to the respondents so as to grant the benefit of Old Pension Scheme keeping in view the judgment passed by the Division Bench of this Court in CWP No.2371 of 2010 titled as “Harbans Lal Vs. State of Punjab and others”, decided on 31.08.2010. Learned counsel for the appellant argued that the said judgment is applicable to employees who were

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SAPNA GOYAL 2026.07.23 13:15 I attest to the accuracy and integrity of this document

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CM-1490-1491-LPA-2026 in/and LPA-590-2026 (O&M) and other connected cases

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appointed prior to 01.01.2004, whereas the respondents in the present bunch of appeals were appointed after 01.01.2004 and have sought regularization of their services. Hence, the judgment passed by the Division Bench of this Court in Harbans Lal’s case (supra), is not applicable. This fact could not be brought to the notice of the learned Single Judge while passing the judgment dated 25.08.2025, though it was very much required to be brought to the notice of the Court. Hence, the present bunch of appeals may kindly be disposed of as having been not pressed any further with liberty to file a review petition before the learned Single Judge and with further liberty to file a fresh appeal, if the need so arises.

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