IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 13007 of 2011 Date of Decision: 20.09.2011 Dharam Pal ...Petitioner Versus State of Punjab and others ..Respondents. CORAM: HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. H.K.Brinda, Advocate, for the petitioner Mr. B.S.Chahal, Deputy Advocate General, Punjab for respondents No.1 to 3. Mr. N.S.Bawa, Advocate, for respondent No.4. **** SURYA KANT, J.(Oral) The petitioner is working as Pump Operator in the Irrigation Department, Government of Punjab. He seeks a direction for determining and fixing his pay in the revised scale w.e.f. 01.01.2006 with all consequential benefits and also to deduct the employer's share of E.P.F. payable by him to the respondent-State from the amount payable by the respondents to the petitioner as and when he retires from service on attaining the age of superannuation. The respondents have filed their reply affidavit contesting the petitioner's claim. CWP No. 13007 of 2011 [2] During the course of hearing, learned counsel for the petitioners have cited a decision dated 31.08.2010 passed by a Division Bench of this Court in Civil Writ Petition No. 2371 of 2010 (Harbans Lal Versus State of Punjab and others) wherein also some what similar issues were raised. After referring to the case law as well as the Rules/Instructions, the Division Bench allowed the writ petition holding as follows:- “From the above discussion, we have come to the 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. 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.” CWP No. 13007 of 2011 [3] The present writ petition is accordingly disposed of with a direction to the respondents to consider the claim made by the petitioner in his writ petition in the light of the judgment of the Division Bench in Harbans Lal's case (supra) and pass appropriate orders within a period of three months from the date of receipt of a certified copy of this order. It is further directed that the respondents shall take an appropriate decision and deduct the amount of employer share of E.P.F. payable by the petitioner and inform him within the above stipulated period. Dasti. 20.09.2011 (SURYA KANT) 'ravinder' JUDGE