146 PUNJAB AND HARYANA HIGH COURT EMPLOYEES WELFARE ASSOCIATION STATE OF PUNJAB AND ORS CORAM: Present: HARSIMRAN SINGH SETHI, J. (Oral) 1. that the State of Punjab had issued a Noti which has been appended as Annexure P Government employees being covered under the “Defined Contributory Pension Scheme” also know as “National Pension Scheme” will be given benefits of “O 2. scheme was to be notified years, the same has not been done, which is causing prejudice to the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-9223 Date of Decision : 01 PUNJAB AND HARYANA HIGH COURT EMPLOYEES WELFARE ASSOCIATION VERSUS STATE OF PUNJAB AND ORS CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Mr. Sarvesh Malik, Advocate for the petitioner. Mr. TPS Chawla, Sr. DAG Punjab. Mr. Kshitij Sharma, Advocate with Mr. Shubhkarman Gill, Advocate for respondent No.4-High Court. *** HARSIMRAN SINGH SETHI, J. (Oral) Learned counsel appearing on behalf of the petitioner argues that the State of Punjab had issued a Noti which has been appended as Annexure P Government employees being covered under the “Defined Contributory Pension Scheme” also know as “National Pension Scheme” will be given benefits of “Old Pension Scheme”. Learned counsel for the petitioner submits that the detailed scheme was to be notified by State of Punjab years, the same has not been done, which is causing prejudice to the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 9223-2025 (O&M) Date of Decision : 01-04-2025 PUNJAB AND HARYANA HIGH COURT EMPLOYEES WELFARE ........Petitioner VERSUS ........Respondent(s) HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Advocate Mr. TPS Chawla, Sr. DAG Punjab. Advocate (joined through V.C.) with Mr. Shubhkarman Gill, Advocate High Court. HARSIMRAN SINGH SETHI, J. (Oral) Learned counsel appearing on behalf of the petitioner argues that the State of Punjab had issued a Notification dated 18.11.2022, copy of which has been appended as Annexure P-1 notifying therein that all the Government employees being covered under the “Defined Contributory Pension Scheme” also know as “National Pension Scheme” will be given Learned counsel for the petitioner submits that the detailed by State of Punjab but even after the expiry of 2 ½ years, the same has not been done, which is causing prejudice to the PUNJAB AND HARYANA HIGH COURT EMPLOYEES WELFARE ........Respondent(s) HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Learned counsel appearing on behalf of the petitioner argues fication dated 18.11.2022, copy of notifying therein that all the Government employees being covered under the “Defined Contributory Pension Scheme” also know as “National Pension Scheme” will be given Learned counsel for the petitioner submits that the detailed but even after the expiry of 2 ½ years, the same has not been done, which is causing prejudice to the SAPNA GOYAL 2025.04.04 17:07 I attest to the accuracy and integrity of this document CWP-9223-2025(O&M) -2- petitioner though, the other States including the State of Himachal Pradesh have already granted the said benefit hence, the respondents are also under obligation to issue the Standard Operating Procedure so as to implement the Notification dated 18.11.2022 (Annexure P-1) in a time bound manner so that, the petitioner do not suffer any prejudice anymore. 3. Learned counsel for the petitioner submits that the petitioner has already raised the said grievance in the legal notice dated 04.02.2025 (Annexure P-4) issued to the respondent-State but the same is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a direction is issued to the respondents to decide the same by passing an appropriate speaking order in a time bound manner. 4. Notice of motion. 5. Mr. TPS Chawla, Sr. DAG Punjab accepts notice on behalf of the respondent-State and Mr. Kshitij Sharma, Advocate accepts notice on behalf of respondent No.4-High Court by filing his Vakalatnama and submits that in case the legal notice dated 04.02.2025 (Annexure P-4) is received at the hands of the petitioner, the same will be decided by the Chief Secretary, Punjab by passing an appropriate speaking order giving the details as to within what time, the Notification dated 18.11.2022 (Annexure P-1) will be finalised by issuing the Standard Operating Procedure so that, the employees could get the benefit of the said Notification and the said speaking order will be passed within a period of 8 weeks from the receipt of certified copy of this order. 6. Learned counsel for the petitioner submits that keeping in view the statement of the learned counsel for the respondents, the present petition SAPNA GOYAL 2025.04.04 17:07 I attest to the accuracy and integrity of this document CWP-9223-2025(O&M) -3- may kindly be disposed of as having been not pressed any further at this stage. 7. However, learned counsel for the petitioner submits that though, usually the State undertakes to pass an appropriate order but does not pass actual and effective orders, forcing the litigant to file contempt. 8. It may be noticed that in case, the undertaking given by the State is not complied with, the petitioner can avail the benefit of filing the application for revival of the present petition and in case, such a situation arises, strict view will be taken for non-compliance of the undertaking including the initiation of the contempt proceedings. 9. Pending application, if any, also stands disposed of. 01-04-2025 Sapna Goyal (HARSIMRAN SINGH SETHI) JUDGE NOTE: Whether speaking: YES Whether reportable: NO SAPNA GOYAL 2025.04.04 17:07 I attest to the accuracy and integrity of this document