Two Haryana Class-IV Workers Regularised In 2019 Can Count Part-Time Service From 2002 For Old Pension, P&H HC Says, Subject To Verification

The petitioners were engaged as part-time Class-IV employees on 5 April 2002 and were regularized as Chowkidar and Sukh-Sahayak on 10 September 2019; they were serving as Peons when the petition was decided.

They sought counting of their pre-regularization service as qualifying service for pension, access to the Old Pension Scheme (OPS), and consequential retiral benefits.

They relied, among other things, on the Haryana Government’s Office Memorandum dated 8 May 2023 and the decision in Om Parkash v. State of Haryana and Others, CWP-20263-2024, dated 9 July 2026.

The State did not dispute that the past service was required to be counted under the cited judgments, subject to verification of the petitioners’ particulars.

Under the principles stated in Kesar Chand v. State of Punjab, Harbans Lal v. State of Punjab, Jai Bhagwan, Zile Singh v. State of Haryana, and Om Parkash v. State of Haryana, continuous pre-regularization part-time, daily-wage, ad hoc, or temporary service followed by regular service is to be counted as qualifying service for pensionary benefits.

The Court also relied on the Supreme Court’s decision in Satnam Singh, which recognized that pre-regularization contract/ad hoc/daily-wage service may count toward qualifying service, subject to the applicable facts and law.

The Haryana Government’s Office Memorandum dated 8 May 2023 was also cited as directing the counting of continuous part-time/daily-wage/ad hoc service followed by regularization for pension and other retiral benefits.

The petitioners’ initial engagement in 2002 preceded their regularization in 2019, and the State did not controvert that their past service was countable under the applicable judgments.

Applying the settled rule that qualifying service includes continuous pre-regularization service followed by regular service, the Court held that the respondents could not exclude that service when determining the petitioners’ pensionary entitlement.

Entitlement to OPS was made subject to verification of the dates and factual particulars of initial engagement and regularization.

The respondents were directed to count the petitioners’ service from initial engagement through regularization, followed by regular service, as qualifying service for pension and other retiral benefits.

Subject to verification, the petitioners were held entitled to OPS; the respondents must re-fix and release the consequential benefits within three months of receiving a certified copy of the order.

Amounts already contributed or paid under the New Pension Scheme are to be adjusted in accordance with law.