Amarjit Singh & Ors. vs State Of Punjab & Ors.

SUDEEPTI SHARMA J. (ORAL)

Challenge in the above referred to ten petitions is to instructions dated 17.07.2014 to the effect that the amount deposited in the Contributory Provident Fund of employee brought under the Old Pension Scheme from New Pension Scheme shall be refunded to the extent of only employee’s share and without interest. Further prayer of the petitioner (s) is to instructions dated 24.10.2019, whereby it is stated that even employee’s share in contributory fund shall be released on submission of undertaking by the employee that he shall not claim employer’s share as well as the interest accrued thereon.

The above referred to writ petition (s) were filed being covered by judgment dated 30.03.2022, passed in CWP No. 35361-2019 titled as Constable Bikramjit Singh and others vs. State of Punjab and others.

Since in all the above referred to writ petitions, challenge is the same, therefore, the same are decided, vide this common order.

Learned counsel for the parties are ad idem that CWP No. 35361-2019 titled as Constable Bikramjit Singh and others vs. State of Punjab and others was decided in favour of the petitioners but the State preferred LPA No. 649-2023 titled as State of Punjab and others vs. Constable Bikramjit Singh and others against the judgment dated 30.03.2022, passed in CWP No. 35361-2019 titled as Constable Bikramjit Singh and others vs. State of Punjab and others and Hon’ble Division Bench has stayed the operation of order/judgment dated 30.03.2022 as regards grant of interest of 8.1% per annum.

In view of the same, the present writ petition(s) are dismissed.

Liberty is however granted to petitioner (s) to revive the petition (s), after the decision of LPA No. 649-2023, if in case any cause of action still survives.

Pending application(s), if any, also stand disposed of.

A photocopy of this order be placed on the files of connected cases.