Punjab and Haryana High Court Directs Haryana Government to Consider Old Pension Scheme for Eligible Contractual Employees

Date:

The Punjab and Haryana High Court has directed the Haryana Government to consider eligible contractual employees for the Old Pension Scheme (OPS) within six weeks, offering relief to hundreds of employees seeking pension benefits.

High Court Orders Haryana to Review OPS Eligibility

The Punjab and Haryana High Court has directed the Haryana Government to consider extending the Old Pension Scheme (OPS) to a group of employees whose contractual service predates the introduction of the New Pension Scheme (NPS).

The court has granted the state government six weeks to comply with its directions, a development that could provide relief to hundreds of employees who have been seeking recognition of their contractual service for pension eligibility.

The information was shared by Advocate Nitin Bhanwala, who represented the petitioners in the case.

Dispute Revolved Around Contractual Service

According to Advocate Bhanwala, Haryana implemented the New Pension Scheme for employees recruited after January 1, 2006, effectively replacing the Old Pension Scheme for new appointments.

However, many employees had been working with various government departments on a contractual or part-time basis before January 1, 2006, but were regularised only several years later, in some cases during 2014 or 2016.

The petitioners argued that their contractual and part-time service should be counted as part of their total government service. If recognised, they contended, they would become eligible for benefits under the Old Pension Scheme instead of the New Pension Scheme.

Hundreds of Employees Covered by the Order

Advocate Bhanwala said the matter involved around 500 to 600 employees, many of whom had filed separate petitions before the High Court.

He stated that the court issued a common order covering the petitioners and directed the Haryana Government to process their cases in accordance with the judgment.

According to him, the ruling could have a direct impact on approximately 500–600 employees seeking similar pension benefits.

Court Refers to 2023 Government Memorandum

Bhanwala also referred to a 2023 memorandum issued by the Haryana Government that provided a one-time option for certain employees to switch to the Old Pension Scheme, subject to specific eligibility conditions, including a prescribed cut-off date.

He said the High Court has now issued directions regarding how the government should classify eligible employees in such cases and has asked the authorities to consider their claims for coverage under the Old Pension Scheme.

The government has been instructed to complete the process within the six-week period specified by the court.

Why the Judgment Matters

The ruling is significant because it addresses a long-standing issue affecting employees who served the government on contractual or part-time appointments before being regularised.

Recognition of pre-regularisation service for pension purposes could influence retirement benefits for eligible employees and may serve as an important reference in similar service-related cases.

However, the final implementation will depend on the Haryana Government’s compliance with the High Court’s directions and the assessment of individual eligibility under the applicable rules.

Key Takeaways

  • The Punjab and Haryana High Court has directed the Haryana Government to consider eligible employees for the Old Pension Scheme (OPS).
  • The court has given the state six weeks to comply with its directions.
  • The case concerns employees who worked on a contractual or part-time basis before January 1, 2006, and were regularised later.
  • Around 500–600 employees are expected to benefit directly from the order, according to the petitioners’ counsel.
  • The judgment also relates to the Haryana Government’s 2023 memorandum on switching eligible employees to the Old Pension Scheme.

FAQs

What did the Punjab and Haryana High Court order?

The High Court directed the Haryana Government to consider eligible employees for coverage under the Old Pension Scheme and complete the process within six weeks.

Who could benefit from the order?

The order concerns employees who worked on a contractual or part-time basis before January 1, 2006, but were regularised after that date.

How many employees are affected?

According to Advocate Nitin Bhanwala, the judgment directly affects around 500 to 600 employees who were part of the litigation.

What was the employees’ main argument?

The petitioners argued that their contractual and part-time service should be counted towards their total government service, making them eligible for the Old Pension Scheme.

Does the judgment automatically grant the Old Pension Scheme?

No. The High Court has directed the Haryana Government to consider eligible employees in accordance with its order. The final implementation will depend on the government’s compliance and verification of eligibility under the applicable rules.

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