IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision :01.12.2025 Union of India and others … Petitioners Versus Om Swaroop and another ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE ROHIT KAPOOR Present: Mr. Narender K. Vashist, Senior Panel Counsel for petitioners-UOI.

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Harsimran Singh Sethi, J. (Oral)

1. In the present petition, challenge is to the impugned order dated 17.07.2025 (Annexure P-1) passed by the respondent No.2-Central Administrative Tribunal, Chandigarh Bench, Chandigarh, (hereinafter referred to as ‘the Tribunal’) by which, the benefit under the Old Pension Scheme has been allowed in favour of the respondent No.1.

2. Learned counsel for the petitioners argues that as per the instructions issued by the department dated 03.03.2023 (Annexure P/10), only where the selection process had been completed before 31.12.2003, the present case, the respondent No.1. was not selected prior to the said date but of respondent No.1.

3. We have heard learned counsel for the petitioners and have gone through the record with his able assistance.

4. The assertion which is being raised by the learned counsel for the petitioners is that only in case, where the selection process was over prior to 31.12.2003, the benefit under the Old Pension Scheme is to be given is not correct. Paragraph-4 of the Instructions dated 03.03.2023 (Annexure P/10) is as under:-

“The matter has been examined in consultation with the Department of Financial Services, Department of Personnel & Training, Department of Expenditure and Department of Legal Affairs in the light of the various representations/references and decisions of the Courts in this regard. It has now been decided that, in all cases where the Central Government civil employee has been appointed against a post or vacancy which was advertised/notified for recruitment/appointment prior to the date of notification for National Pension System i.e. 22.12.2003 and is covered under the National Pension System on joining service on or after 01.01.2004, may be given a one-time option to be covered under the CCS (Pension) Rules, 1972 (now 2021). This option may be exercised by the concerned Government servants latest by

31.08.2023.

5. A bare perusal of the above reproduction would show that where the post on which an employee has been recruited after 01.01.2004, was advertised prior to 01.01.2004, the benefit under the Old Pension Scheme is to be given.

6. Learned counsel for the petitioners has not been able to dispute the said fact.

7. Once, the post against which the respondent No.1 was recruited was advertised prior to 01.01.2004, the grant of benefit under Old Pension Scheme in favour of respondent No.1 cannot be treated to be illegal and perverse to the facts and rules governing the service.

8. Keeping in view the above, no ground for interference by this Court is made out and the writ petition is accordingly dismissed.

9. Civil miscellaneous application pending, if any, is also disposed of.

(HARSIMRAN SINGH SETHI)

JUDGE (ROHIT KAPOOR)

December 01, 2025 JUDGE aarti Whether speaking/reasoned : Yes Whether reportable : No