Punjab and Haryana High Court says Employees selected before implementation of NPS are eligible for Old Pension Scheme
In a landmark decision, the Punjab and Haryana High Court has ruled that employees selected before the implementation of the New Pension Scheme (NPS) in January 2004 but appointed afterwards are entitled to benefits under the Old Pension Scheme (OPS).
Key Ruling
Justice Harsimran Singh Sethi’s Decision
Justice Harsimran Singh Sethi clarified that the applicable pension scheme should be determined by the advertisement and selection dates, not the appointment date. This decision is significant as it protects the pension rights of those selected before the NPS came into effect.
Case Background
Petition by Sheeru
The ruling was in response to a petition filed by Sheeru, represented by counsel Puneet Gupta, against the State of Punjab and another respondent. Gupta argued that the position for which Sheeru was appointed was advertised in 2001, and the selection process was completed before January 1, 2004, the date when the NPS was implemented. Despite this, the appointment orders were delayed by the respondent.
State’s Opposition
The state counsel opposed the plea, arguing that since Sheeru’s actual appointment occurred after January 1, 2004, the NPS should apply. They maintained that the New Contributory Provident Fund Scheme was rightly applied, despite the earlier advertisement and selection dates.
Court’s Analysis and Ruling
Justice Sethi’s Reasoning
After reviewing the arguments and documents, Justice Sethi ruled in favor of Sheeru. The judge noted that since the advertisement and selection occurred before the NPS implementation, Sheeru was entitled to consideration under the OPS.
Precedent Cited
Justice Sethi referenced the settled principle of law from the case “Hitesh Kumar and others versus the State of Haryana and others,” which addressed similar legal questions. The state counsel failed to present any distinguishing factors in Sheeru’s case, leading to the petition’s approval.
Conclusion
Justice Sethi’s ruling ensures that employees selected before the NPS implementation but appointed afterwards are entitled to benefits under the OPS, based on the selection and advertisement dates. This decision reinforces the importance of timely administrative actions and protects employees’ rights under the initially applicable pension schemes.
Kindly ,Share case details such as case no ,if possible copy of verdict of Court