Neutral Citation No:=2025:PHHC:071679-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGAR
CHANDIGARH
(223) CWP-9048-2024 (O&M)
Decided on: 26.05.2025
Ranjeev Kumar Vishisht & others ……Petitioner(s)
Versus
State of Punjab & others ..…Respondent(s)
CORAM : HON'BLE MR.JUSTICE SHEEL NAGU
NAGU,, CHIEF JUSTICE
HON'BLE MR.JUSTICE SUMEET GOEL
Present:- Mr.Arav Gupta, Advocate
Mr.Apoorva Kinra, Advocate
Ms.Sonia Kinra, Advocate
Mr.Harsh Kinra, Advocate, for the petitioner (s).
Mr.R.S.Pandher, Addl. A.G., Punjab
Mr.Salil Sablok, Senior Deputy Advocate General, Punjab.
Mr.Anurag
Anurag Goyal, Advocate, for respondent No.5.
Sheel Nagu,
Nagu Chief Justice (Oral) :
The present petition has been filed by the serving 23 Judicial
Officers, except petitioner no.2 who has since retired. All the petitioners
are members of the Higher Judicial Service - State of Punjab and despite
their recruitment process having commenced pprior
rior to 01.01.2004 (in July,
2003), the petitioners are being covered by the New Defined Contributory
Pension Scheme which came into effect from 01.01.2004.
2. During the pendency of this petition, this Court made certain
interim directions.
directions Thereafter, the State of Punjab, today, has drawn our
attention to the recent notification dated 22.05.2025 published in the State
of Punjab Gazette (Extraordinary) on 23.05.2025, which is to the
following extent:
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“PART-111
GOVERNMENT OF PUNJAB
DEPARTMENT OF FINANCE
(FINANCE PENSION POLICY AND COORDINATION)
NOTIFICATION
The 22nd May, 2025
No.G.S.R.34/Const./Arts. 309 and 187/Amd.(11)/2025.- In
exercise of the powers conferred by the proviso to article 309 read
with clause (3) of article 187 of the Constitution of India, and all
other powers enabling him in this behalf, the Governor of Punjab,
after consultation with the Speaker of the Punjab Vidhan Sabha, in
so far as such consultation is necessary under the aforesaid
provisions, is pleased to make the following rules further to amend
the Punjab Civil Services Rules, Volume-1, Part-1, namely:-
RULES
1. (1) These rules may be called the Punjab Civil Services
(Amendment) Rules, Volume-I, Part-1, 2025.
(2) They shall come into force at once.
2. In the Punjab Civil Services Rules, Volume-I, Part-1, in
rule 1.2, in sub-rule (1), after the existing proviso, the following
provisos shall be added, namely:-
"Provided further that the rules in Part 1- Pensions and
Part II-Provident Fund contained in Volume-II of these rules
called the Punjab Civil Services Rules, Volume-II, shall also apply
to the Government employees who are appointed to the posts
mentioned in categories (1) to (5) above on or after the Ist January,
2004, but whose posts or vacancies were advertised for
recruitment before 1st January, 2004.
Provided further that the rules in Part 1-Pensions and Part
II-Provident Fund contained in volume-II of these rules called the
Punjab Civil Service Rules, Volume-II, shall also apply to the
Government employees who have been appointed on
compassionate grounds on or after Ist January, 2004 but where the
request by the legal heir for appointment was received before Ist
January, 2004 and the concerned legal heir had fulfilled the
eligibility criteria i.e. age, education qualification; or any other
requirement required for that post before 1st January, 2004.
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Provided further that such employees recruited on or after
Ist January, 2004, shall have an option either to opt for the Old
Pension Scheme or New Defined Contributory Pension Scheme. In
case the employee dose not exercise the option within three
months from the date of publication of the Punjab Civil Services
(Amendment) Rules, Volume-I, Part-1, 2025, such employee shall
be deemed to have opted for the New Defined Contributory
Pension Scheme.
KRISHAN KUMAR,
Principal Secretary to Government of Punjab,
Department of Finance.”
3. The said extract of the Gazette is taken on record as Annexure
‘X’.
4. Learned counsel for the State of Punjab submits that if the
Old Pension Scheme is allowed to be opted for, by the petitioners and all
other similarly placed members of the Higher Judicial Services of the State
of Punjab and as well as members of District Judiciary, within 3 months
counted from 23.05.2025, such judicial officers shall be covered by the
Old Pension Scheme, or else, if no option is made, they would be deemed
to have opted for the New Defined Contributory Pension Scheme.
5. In view of the above changed circumstances, this Court does
not wish to continue with this petition and disposes of the same, with a
direction that if the options are submitted by the Members of the Superior
Judicial Services and members of District Judicial Services of the State of
Punjab within 3 months counted from 23.05.2025, then the State of Punjab
shall take appropriate steps, as per the Old Pension Scheme under the
Punjab (Unamended) Pension Rules, within a period of 60 days from the
last date of receipt of options.
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6. For expediting the process of submission of options, the
Registrar General of this Court is directed to ensure communication of the
order of this Court passed today to all members of the Punjab High
Judicial Services and of District Judiciary so that maximum members of
such persons can take advantage of the Old Pension Scheme.
7. Registrar General of this Court is also directed to circulate
this order to all the employees of this High Court, the employees of the
District Courts as well as District Judicial Officers and members of Punjab
Superior Judicial Service, so that maximum members/persons can take
advantage as extended.
8. Learned Additional Advocate General, Punjab submits that
costs of Rs.5000/-, as directed vide order dated 22.04.2025, has been
deposited on 23.05.2025.
9. With the above-said directions, the present writ petition
stands disposed of.
(SHEEL NAGU)
CHIEF JUSTICE
26.05.2025 (SUMEET GOEL)
Sailesh JUDGE
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
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