Case at a Glance
Six employees of Haryana’s Education Department engaged on part-time or daily-wage basis in 1997–98 and regularised between 2014 and 2023 sought the Old Pension Scheme by counting their earlier service. The State did not dispute the legal position but said dates needed verification. Holding the issue “no longer res integra” and relying on the Supreme Court’s 2026 ruling in Punjab School Education Board v. Satnam Singh, (2026) 09 SC CK 0789, the High Court ruled that continuous pre-regularisation service must count as qualifying service and ordered re-fixation of pension benefits within three months.
The petitioners were first engaged on part-time/daily-wage basis in the Education Department, Haryana, between October 1997 and March 1998. They were regularised on dates ranging from 20 August 2014 to 2 March 2023; two of them have since retired. They sought a mandamus to be considered for the Old Pension Scheme with a one-time option under the Punjab Civil Services Rules Vol. II (now the Haryana Civil Services (Pension) Rules, 2016), counting their service before regularisation.
The State accepted notice. It said the exact dates were not proven in the petition, but did not dispute that pre-regularisation service must be counted in view of the decisions cited, and said OPS benefits could follow on verification.
The Key Question Before the Court
Must continuous part-time, daily-wage or ad hoc service rendered before regularisation be counted as qualifying service for pension and other retiral benefits?
Pension Is a Payment for Past Service
The Court relied on a consistent line of High Court decisions, including Kesar Chand v. State of Haryana, Harbans Lal v. State of Punjab, Jeewan Lata v. State of Punjab and State of Haryana v. Jai Bhagwan, and on the Supreme Court’s decision in Punjab School Education Board v. Satnam Singh (2026 INSC 965), which it quoted at length. That decision describes pension as a deferred wage, “neither a bounty nor ex-gratia payment but a payment for the past service rendered”, and says denying benefits through technicalities or artificialities is generally unjustified. Administrative or notional breaks are to be ignored and service treated as continuous; the Court also referred to D.S. Nakara v. Union of India, (1982) 12 SC CK 0004.
Applying these principles, the Court held that “the respondents cannot exclude the petitioners’ continuous pre-regularization service while determining qualifying service”. Service from initial engagement until regularisation, followed by regular service, must be counted for pension and other retiral benefits, subject to verification of dates.
What the Court Actually Held
- Continuous part-time/daily-wage/ad hoc service before regularisation must be counted as qualifying service for pension and retiral benefits.
- The petitioners are entitled to the Old Pension Scheme, subject to verification of their engagement and regularisation dates.
- After verification, pensionary and retiral benefits must be re-fixed and consequential benefits released within three months of receipt of a certified copy.
- Amounts already contributed or paid under the New Pension Scheme are to be adjusted in accordance with law.
Why This Judgment Matters
- It benefits long-serving workers regularised late who would otherwise fall under the NPS.
- It applies the Supreme Court’s 2026 Satnam Singh ruling at the High Court level.
- It confirms that the State cannot rely on technical breaks to deny pension.
What Should Advocates Take Away From the Judgment?
For Employees
- Collect proof of your initial engagement and continuity of service.
- Retired employees can also claim re-fixation of pension.
- NPS contributions will be adjusted, not lost.
For Counsel
- Cite Punjab School Education Board v. Satnam Singh (2026 INSC 965) and Kesar Chand.
- Annex regularisation orders and engagement records to avoid disputes on dates.
- Seek a time-bound direction for re-fixation and release of arrears.
Key Takeaways
- Pre-regularisation service counts for pension.
- Six Haryana Education Department workers granted OPS.
- Benefits to be re-fixed within three months after verification.
- NPS amounts to be adjusted as per law.
Frequently Asked Questions
Do part-time years count for pension?
Yes, where the service was continuous before regularisation; the Court held it must be counted as qualifying service.
What happens to NPS contributions?
The Court directed that amounts contributed or paid under the NPS be adjusted in accordance with law.
Did the State oppose the petition?
It did not dispute the legal position and only said dates needed verification.
Conclusion
The ruling continues a well-settled line in the Punjab and Haryana High Court, now reinforced by the Supreme Court’s 2026 view that pension is earned by past service.
Practical takeaway: Regularised employees with long prior part-time or daily-wage service should seek counting of that service and an OPS option, backed by documentary proof of dates.
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