In a significant ruling for government employees in Haryana, the Punjab and Haryana High Court has mandated that years of continuous service rendered on a part-time, temporary, or contractual basis cannot be disregarded when calculating retirement benefits. The court's decision effectively grants relief under the Old Pension Scheme (OPS) to hundreds of workers, asserting that pre-regularisation service must be considered as qualifying service for pension entitlements.
Justice Harpreet Singh Brar, presiding over a batch of 95 writ petitions, rejected the state's argument that employees forfeited their rights by signing forms acknowledging the New Pension Scheme (NPS). The court emphasized that delayed regularisation should not strip employees of their rightful pensionary benefits.
Two Categories of Petitioners Addressed
The judgment specifically addressed two distinct groups of petitioners:
- Category I: Employees initially appointed on a part-time, temporary, or contractual basis before January 1, 2006, whose services were subsequently regularised after the introduction of the New Pension Scheme.
- Category II: Employees eligible under the Haryana Government's Office Memorandum dated May 8, 2023, who were appointed against posts advertised prior to the NPS rollout.
Court Rejects State's Arguments
Advocate Himanshu Malik, representing some petitioners, argued that pre-regularisation service was integral to computing pensionary entitlements, citing legal precedents and state policy. The state contended that the Punjab Civil Services Rules explicitly excluded part-time service from pension eligibility. However, Justice Brar dismissed this, referencing the Division Bench ruling in State of Haryana versus Jai Bhagwan. The court noted that despite the Supreme Court keeping the question of law open, the Division Bench judgment remained binding.
Justice Brar highlighted instances, such as a petitioner who served continuously on a part-time basis from February 15, 2002, until regularisation on May 16, 2016. The court affirmed that for Category I petitioners, their past service must be reckoned as qualifying service for pensionary benefits. It stated, "Once such past service is taken into account, the respondents cannot deny them the benefit of the Old Pension Scheme merely on the ground that their regularisation took place after the introduction of the New Pension Scheme."
Directives for Implementation
The High Court quashed all impugned orders that had denied OPS benefits to the petitioners. For Category I, the respondents are directed to count past service and release consequential pensionary and retiral benefits under the Old Pension Scheme, including arrears, within six weeks. For Category II, employees are to exercise their option to switch to the OPS within six weeks, after which their claims must be processed and benefits released within a further six weeks.
This ruling ensures that service rendered before formal regularisation will be recognized for pension purposes in these cases, while also setting clear timelines for the state to provide OPS benefits and disburse arrears to the affected employees.