Employees appointed after 2006 to get old pension if recruitment process started earlier: High court
The Punjab and Haryana High Court has ruled that if the recruitment advertisement was issued before October 28, 2005, employees appointed after 2006 can also choose the old pension scheme.
In an important ruling, the Punjab and Haryana High Court has clarified that employees who joined service after January 1, 2006, can also avail the benefit of the old pension scheme (OPS), provided their recruitment process started with an advertisement issued before October 28, 2005, and the subsequent advertisement remained part of the initial process.
While disposing of three petitions, the bench of Justice Harpreet Singh Brar set aside the August 27, 2026 order rejecting a female employee's demand for the old pension. The court held the petitioner entitled to the benefit under the Haryana government's May 8, 2023 office memorandum.
The high court has granted the petitioner, Swati Devi, permission to opt for the old pension scheme within six weeks. Along with this, the government has been ordered to determine her pensionary benefits and release them with arrears within the next six weeks.
Swati Devi had applied for the post of Home Science Mistress under an advertisement dated July 1, 2005. Later, that recruitment was withdrawn and the posts were re-advertised on July 20, 2006. The petitioner's counsel stated that in the subsequent advertisement, the eligibility and age conditions for candidates who had applied earlier were kept as of July 1, 2005. She participated in the selection process and got appointment in December 2008.
During the hearing, Haryana Deputy Advocate General Naveen Singh Panwar opposed the petition, stating that the petitioner's appointment took place after 2006 and it happened through the 2006 advertisement. He also cited the finance department's recommendations that this rule is not for re-issued advertisements.
Rejecting the arguments, the high court said that this recruitment was not a separate process, but an extension of the July 1, 2005 advertisement. The bench stated that the main thing in the government memorandum is the date of advertisement of the post, not just the date of appointment. The court also clarified that the amount deposited under the new pension scheme will be adjusted according to law.
Key developments
- Way paved for old pension scheme with conditions for employees appointed after January 1, 2006.
- Recruitments started with advertisements issued before October 28, 2005, will get the benefit.
- High court ordered petitioner to choose option in 6 weeks and government to give benefits in next 6 weeks.
