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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 18.02.2026 Jasvir Singh .... Petitioner Versus State of Punjab and another .... Respondents CORAM: HON’BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Madhav Pokhrel, Advocate, for the petitioner Mr. Satnampreet Singh Chauhan, DAG, Punjab.

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NAMIT KUMAR, J. (ORAL)

CM-2484-CWP-2026 The application is allowed as prayed for. Replication filed on behalf of the petitioners to the reply dated 03.08.2021 filed by the respondents, is taken on record.

CWP-19588-2020

1. The instant writ petition has been filed under Article 226 of the Constitution of India, seeking a writ of mandamus, for directing the respondents to grant the benefit of Old Pension Scheme to the petitioner under Pension Rules, as applicable in the year 2002 when the petitioner applied for compassionate appointment on account of death of his father, who expired on 27.07.2002, and the petitioner applied for compassionate appointment on 07.09.2002 (Annexure P-1), however, the appointment was given to the petitioner on 08.09.2008 (Annexure P-11) and by that time, the Government of India w.e.f. 01.01.2004, replacing the Old Pension (GPF)

Scheme.

2. Learned counsel for the petitioner has placed reliance upon the notification dated 22.05.2025 issued by the Government of Punjab, Department of Finance ((Finance Pension Policy and Coordination), wherein the Punjab Civil Services Rules, Volume-1, Part-1, have been amended and the said amendment reads as under:-

“1. (1) These rules may be called the Punjab Civil Services (Amendment) Rules, Volume-I, Part-I, 2025.

(2) They shall come into force at once.

2. In the Punjab Civil Services Rules, Volume-I, Part-I, in rule 1.2, in sub–rule (1), after the existing proviso, the following provisos shall be added, namely:-

“Provided further that the rules in Part 1- Pensions and Part II Provident Fund contained in Volume-II of these rules called the Punjab Civil Services Rules, Volume-II, shall also apply to the Government employees who are appointed to the posts mentioned in categories (1) to (5) above on or after the 1st January, 2004, but whose posts or vacancies were advertised for recruitment before 1st January, 2004.

Provided further that the rules in Part 1-Pensions and Part II-Provident Fund contained in volume-II of these rules called the Punjab Civil Service Rules, Volume-II, shall also apply to the Government employees who have been appointed on compassionate grounds on or after 1st January, 2004 but where the request by the legal heir for appointment was received before 1st January, 2004 and the concerned legal heir had fulfilled the eligibility criteria i.e. age; education qualification; or any other requirement required for that post before 1st January, 2004.

Provided further that such employees recruited on or after 1st January, 2004, shall have an option either to opt for the Old Pension Scheme or New Defined Contributory Pension Scheme. In case the employee does not exercise the option within three months from the date of publication of the Punjab Civil Services (Amendment) Rules, Volume-I, Part-1, 2025, such employee shall be deemed to have opted for the New KRISHAN KUMAR, Principal Secretary to Government of Punjab, Department of Finance”

2.1 Learned counsel for the petitioner further submits that the case of the petitioner is squarely covered under the said amendment and the petitioner is entitled for the benefit of Old Pension Scheme. He further submits that the claim of similarly situated person, namely, Lakhwinder Singh, District Vocational Coordinator (Vocational Master, Electrical) in CWP-20176-2022, has been considered by the respondents in terms of said amendment and has been accepted, vide order dated 05.09.2025.

3. Learned State counsel submits that the case of the petitioner shall be re-considered in the light of said amendment to the Punjab Civil Services Rules, Volume-1, Part-1, within a period of three months from the date of receipt of certified