CM No. 11827 of 2011 in/and CWP No. 9112 of 2010 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CM No. 11827 of 2011 in/and CWP No. 9112 of 2010 Date of Decision: August 29, 2011 Talwinder Singh and others …Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Madan, Advocate for the petitioners-applicants. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. This is an application filed under Section 151 of the Code of Civil Procedure, 1908 for disposing of the writ petition in terms of judgment rendered in the case of Harbans Lal v. State of Punjab and others (CWP No. 2371 of 2010 decided on 31.08.2010). 2. Notice of the application. 3. Mr. Suvir Sehgal, Addl. A.G., Punjab who is present in the Court accepts notice on behalf of respondent-State and could not successfully dispute that the matter in hand is not covered by the aforesaid Division Bench judgment rendered in Harbans Lal's case (supra). CM No. 11827 of 2011 in/and CWP No. 9112 of 2010 -2- 4. Accordingly, order dated 17.02.2009 (P-12) is quashed. The respondents are directed to treat the whole period of work charge service as qualified service for pension because according to clarification dated 30.05.2008, the new defined Contributory Pension Scheme would be applicable to all those employees who have been working prior to 01.01.2004 but their services have been regularized after 01.01.2004, thereafter. Let their pension and arrears be calculated and paid expeditiously, preferably within a period of three months from the date of receipt of a certified copy of this order. 5. Accordingly, the writ petition is disposed of in the above terms and Civil Misc. Application is allowed. (M.M. KUMAR) JUDGE (GURDEV SINGH) JUDGE August 29, 2011 Atul