- (1.) This order shall dispose of the above three petitions as common question of facts are involved in all these petitions . However, for the facility of reference, the facts are being taken from C.W.P No. 8441 of 2015. The above said petitions have been filed under Article 226 of the Constitution of India for issuing a writ in the nature of certiorari to quash the action of the respondents to the extent that the services rendered by the petitioners prior to the date, the employer has started contribution towards contributory provident fund, shall not be taken into consideration as a qualifying service for the purpose of pension and further directing the respondents that the qualifying service shall be considered from the date of their appointments and pension and gratuity be revised and released accordingly.
(2.) The details of the service rendered by the petitioners is as under:- JUDGEMENT_306_LAWS(P&H)1_2016_1.html
(3.) The precise grievance of the petitioners before this Court that the employers started to deduct Contributory Provident Fund after many years of their appointment and thereafter they were granted pension and gratuity considering their qualifying service from the date the employer has started to deduct CPF up to the date of the retirement. This Court do not feel necessity of going detailed facts because after hearing learned counsel for the parties and purusing the record, the issue raised in the petitions are no more res integra, in as much as, the same has been settled by a Division Bench of this Court in a case of Kasturi Lal Khuranna vs. State of Punjab, 2003 4 SCT 462 and two other judgments of this Court rendered in cases of M.R. Juneja vs. State of Punjab, 2004 3 RSJ 236 and Om Parkash v. State of Punjab and others, CWP No. 14891 of 1996, decided on 05.02.2003. This view has been followed by this Court in CWP No. 14051 of 2005, titled as Ram Lubhaya Khanna and others vs. State of Punjab and another, decided on 17.05.2007 and in a case of Gurmeet Singh vs. State of Punjab and others, passed in CWP No. 13831 of 2005.;