IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Pronounced on: 01.07.2025

1) CWP No.6154 of 2020 (O&M)

Dr. Hardeep Lal Joshi and others …Petitioners Versus Kurukshetra University Kurukshetra and others …Respondents

2) CWP No.18746 of 2023 Dr. Ramesh Kumar Kait and others …Petitioners Versus Kurukshetra University Kurukshetra and others …Respondents

3) CWP-19612-2023 Dr. Chand Ram Jilova and others …Petitioners Versus Kurukshetra University Kurukshetra and others …Respondents

4) CWP-21408-2023 Dr. Baljeet Singh Saharan …Petitioner Versus Ch. Charan Singh Haryana Agriculture University, Hisar and others …Respondents

5) CWP-5972-2024 Dr. Ranjana …Petitioner Versus State of Haryana and others …Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. R.K. Malik, Senior Advocate, with Mr. Anshul Labana, Advocate, for the petitioners in CWP No.19612 of 2023, and for petitioner no.3 in CWP-18746-2023.

Mr. Anurag Goyal, Advocate, and Mr. Nikhil Lather, Advocate, Mr. Siddharth Sharma, Advocate, for petitioners no.10, 15 and 16 in CWP No.6154 of 2020, and for petitioners no.1, 2 and 4 in CWP No.18746 of 2023 Mr. Raman Kumar, Advocate, for Mr. Sunil Saharan, Advocate, for the petitioner in CWP No.21408 of 2023.

Mr. K.S. Boparai, Advocate, for petitioners no.1 & 13 in CWP No.6154 of 2020.

Mr. Ishan Khanna, Advocate (through Video Conferencing), and Mr. Vibhu Agnihotri, Advocate, for petitioner no.2 in CWP No.6154 of 2020, and for the petitioner in CWP No.5972 of 2024.

Mr. Aman Mehta, Advocate, for Dr. Pankaj Nanhera, Advocate, for respondent no.1 in CWP No.21408 of 2023.

Mr. Prateek Mahajan, Advocate, and Mr. Daanish Mahajan, Advocate, for respondent no.1 in CWP Nos. 18746 & 19612 of 2023, 6154 of 2020, and for respondent no.2 in 21408-2023.

Mr. Parveen Mehta, Deputy Advocate General, Haryana.

TRIBHUVAN DAHIYA, J.

These petitions involve common questions of law based on similar facts, therefore, the same are being decided together, with facts from CWP 6154 of 2020 and CWP 18746 of 2023. Prayer in the first petition inter alia is for setting aside the Executive Council resolution dated 30.06.2007 deciding to implement the New Defined Contributory Pension Scheme; and in the second petition to set aside memo dated 24.07.2023 passed by the respondent/Director Higher Education, whereby order dated 13/17.07.2023 extending the benefit of Office Memorandum (OM) dated 08.05.2023 to employees of the Kurukshetra University has been withdrawn. Further, a writ of mandamus has been sought in both these petitions directing the respondents to restore the Kurukshetra University Employees Pension Scheme/Rules, 1997, qua the petitioners from the date of their appointment.

Facts in brief

2. Facts relevant to decide these petitions are the following:

2.1. The Central Government introduced National Pension System vide Ministry of Finance (Department of Economic Affairs) notification dated 22.12.2003, for all Government servants appointed on or after 01.01.2004. The existing Central Civil Services (Pension) Rules, 1972 and other connected rules were amended vide notification dated 30.12.2003, to make the same inapplicable to the Government servants appointed after

31.12.2003.

2.2. The petitioners were appointed as Lecturers in different departments in the respondent University between May to November 2006 I attest to the accuracy iannd response to advertisements 3/2005 dated 07.10.2005, 1/2006 dated

05.04.2006, and 4/2006 dated 14.07.2006. At that time, the Kurukshetra University Employees Pension Scheme, 1997 (for short, ‘the OPS’) was in force in the University, having been implemented with effect from 01.04.1995. It was made applicable to some of the petitioners as well, and they were allotted General Provident Fund (GPF) numbers; the University thereupon started deducting the amount of GPF from their salaries.

2.3. On the pattern of Central Government, the State Government vide notification dated 28.10.2005 carried out amendment to the Punjab Civil Services Rul