IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Gulab Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. Prayer in this writ petition filed under Article 226 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the impugned speaking order dated 26.11.2025 (Annexure P-11), impugned communication dated 12.11.2025 (Annexure P-12) and impugned office memorandum dated 08.05.2023 (Annexure P-6), to the extent that it has not been made applicable to the employees of the Boards and Corporations. Further a writ of mandamus has been sought, directing the respondents to consider the petitioners in Old Pension Scheme (OPS) and not in New Pension Scheme (NPS) and after considering the petitioners in OPS, all the consequential benefits be granted to them. Another prayer has been made to direct respondents No.3 and 4 to adopt the office memorandum dated 08.05.2023 (Annexure P-6) and make the same applicable to the employees of the respondent/Board and thereafter, consequential benefits be granted to the petitioners as the petitioners are similarly situated employees like the other government employees since they had been recruited in pursuance to a post or vacancy, which was advertised/notified for recruitment/appointme
Autonomous bodies adopting Central NPS must apply OM dated 03.03.2023, granting old pension option to employees from pre-22.12.2003 advertisements despite post-01.01.2004 joining.
Petitioners appointed post-01.01.2004 are entitled to one-time option under CCS(Pension) Rules based on recruitment prior to National Pension System notification.
The main legal point established in the judgment is the applicability of the New Pension Scheme to government employees who joined the service after 01.04.2005, based on the relevant rules and regula....
Coverage under Old Pension Scheme is determined by appointment date, not recruitment process commencement; arbitrary denial underlay by legal precedent is unsupported.
Delay which had occurred during the selection process as well as the delay in issuing the appointment orders cannot be attributed to the petitioners in the absence of any explanation forthcoming from....
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