CWP No.6154 IN 1) Dr. Hardeep Kurukshetra 2) Dr. Ramesh Kurukshetra 3) Dr. Chand Kurukshetra 4) Dr. Baljeet Ch. Charan University, No.6154 of 2020 (O&M) along with IN THE HIGH COURT OF PUNJAB CHANDIGARH CWP No.6154 of 2020 (O&M) Hardeep Lal Joshi and others Versus Kurukshetra University Kurukshetra and others CWP No.18746 of 2023 Ramesh Kumar Kait and others Versus Kurukshetra University Kurukshetra and others CWP-19612-2023 Chand Ram Jilova and others Versus Kurukshetra University Kurukshetra and others CWP-21408-2023 Baljeet Singh Saharan Versus Charan Singh Haryana Agriculture University, Hisar and others with connected petitions 1 PUNJAB AND HARYANA AT CHANDIGARH Pronounced on: 01.07.2025 (O&M) …Petitioners Versus others …Respondents …Petitioners Versus others …Respondents …Petitioners Versus others …Respondents …Petitioner Versus …Respondents MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 5) Dr. Ranjana State of Haryana CORAM: Present: No.6154 of 2020 (O&M) along with CWP-5972-2024 Ranjana Versus Haryana and others CORAM: HON'BLE MR. JUSTICE TRIBHUVAN Mr. R.K. Malik, Senior Advocate, Mr. Anshul Labana, Advocate, for the petitioners in CWP No.19612 for petitioner no.3 in CWP-18746 Mr. Anurag Goyal, Advocate, Mr. Nikhil Lather, Advocate, Mr. Siddharth Sharma, Advocate, for petitioners no.10, 15 and 16 for petitioners no.1, 2 and 4 in Mr. Raman Kumar, Advocate, Mr. Sunil Saharan, Advocate, for the petitioner in CWP No.21408 Mr. K.S. Boparai, Advocate, for petitioners no.1 & 13 in CWP Mr. Ishan Khanna, Advocate Mr. Vibhu Agnihotri, Advocate, for petitioner no.2 in CWP No.6154 for the petitioner in CWP No.5972 Mr. Aman Mehta, Advocate, Dr. Pankaj Nanhera, Advocate, for respondent no.1 in CWP No.21408 Mr. Prateek Mahajan, Advocate, Mr. Daanish Mahajan, Advocate, for respondent no.1 in CWP Nos. 6154 of 2020, and for respondent Mr. Parveen Mehta, Deputy Advocate with connected petitions 2 …Petitioner Versus …Respondents TRIBHUVAN DAHIYA Advocate, with Advocate, No.19612 of 2023, and 18746-2023. Advocate, and Advocate, 16 in CWP No.6154 of 2020, and in CWP No.18746 of 2023 Advocate, for Advocate, No.21408 of 2023. CWP No.6154 of 2020. (through Video Conferencing), and Advocate, No.6154 of 2020, and No.5972 of 2024. for Advocate, No.21408 of 2023. Advocate, and Advocate, Nos. 18746 & 19612 of 2023, respondent no.2 in 21408-2023. Advocate General, Haryana. and and MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 TRIBHUVAN similar facts, CWP 6154 alia is for deciding to in the second respondent/Director extending employees writ of mandamus respondents Scheme/Rules, Facts in brief 2. 2.1. vide Ministry dated 22.12.2003, 01.01.2004. other connected make the 31.12.2003. 2.2. departments in respons No.6154 of 2020 (O&M) along with TRIBHUVAN DAHIYA, J. These petitions involve common facts, therefore, the same are being 6154 of 2020 and CWP 18746 of 2023. for setting aside the Executive Council to implement the New Defined second petition to set aside memo respondent/Director Higher Education, whereby extending the benefit of Office Memorandum employees of the Kurukshetra University mandamus has been sought in respondents to restore the Kurukshetra Scheme/Rules, 1997, qua the petitioners from brief Facts relevant to decide these The Central Government introduced Ministry of Finance (Department 22.12.2003, for all Government 01.01.2004. The existing Central Civil Services connected rules were amended vide the same inapplicable to the Government 31.12.2003. The petitioners were appointed departments in the respondent University response to advertisements 3/2005 with connected petitions 3 common questions of law based being decided together, with facts from 2023. Prayer in the first petition inter Council resolution dated 30.06.2007 Contributory Pension Scheme; and memo dated 24.07.2023 passed by whereby order dated 13/17.07.2023 Memorandum (OM) dated 08.05.2023 University has been withdrawn. Further, both these petitions directing kshetra University Employees Pension from the date of their appointment. these petitions are the following: introduced National Pension System of Economic Affairs) notification Government servants appointed on or after Services (Pension) Rules, 1972 and vide notification dated 30.12.2003, Government servants appointed after appointed as Lecturers in different University between May to November 2006 dated 07.10.2005, 1/2006 dated on from inter 30.06.2007 and the /17.07.2023 08.05.2023 to Further, a the Pension appointment. System notification after and 30.12.2003, to after different 2006 dated MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 05.04.2006, University force in 01.04.1995. they were thereupon 2.3. vide notification Civil Services to the effect appointed Defined Contributory The notification Commissioner Heads of effect: No.6154 of 2020 (O&M) along with 05.04.2006, and 4/2006 dated 14.07.2006. University Employees Pension Scheme, 1997 the University, having been 01.04.1995. It was made applicable to some were allotted General Provident Fund thereupon started deducting the amount of On the pattern of Central Government, notification dated 28.10.2005 carried Services Rules, Volume-I, Part-I, as effect that the said Rules shall not apply appointed on or after 01.01.2006, and they Contributory Pension Scheme to notification amending the Rules Commissioner and Principal Secretary to Department, vide letter dated 22.12.2005, I am directed to invite above and to say that the decision Contributory Pension Scheme 1.2 of CSR Volume 1 was engaging Government. Now after due the pattern of Government decided to carry out the necessary No. 1/1/2004-Ipension (FD), enclosed herewith in Hindi & Similarly please find Government of India according implementing the New Pension with connected petitions 4 14.07.2006. At that time, the Kurukshetra 1997 (for short, ‘the OPS’) was been implemented with effect from some of the petitioners as well, and Fund (GPF) numbers; the University of GPF from their salaries. Government, the State Government carried out amendment to the Punjab applicable to the State of Haryana, apply to the Government employees they shall be covered by the New to be notified by the Government. was circulated by the Financial to Government Haryana to all 22.12.2005, which is to the following invite your attention on the subject cited decision of implementing the Defined Scheme System and amendment in Rule engaging the attention of the State consideration and keeping in view Government of India, the Government necessary amendment vide notification dated 28.10.05, a copy of which & English. find enclosed herewith the copy according to which modalities Pension Scheme has been discussed Kurukshetra was in from and University Government Punjab Haryana, loyees New Government. Financial the following cited Defined Rule State view has notification which is of of discussed is MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 2.4. Pension Government dated 20.04.2007, University, effect: No.6154 of 2020 (O&M) along with sent herewith for information modalities will be adopted mutandis in due course. After deciding to introduce Scheme for its employees with Government through its Department of 20.04.2007, to the State Universities, University, enclosing a letter dated 27.02.2007, Subject: Implementation of employees of Universities, added Educational Institutions. Will the Financial Commissioner to Govt. Haryana Education Department kindly refer to the 2. Haryana Govt. has introduced Scheme for the Government after 1.1.2006 on the pattern Department letter No.1/1/04 Dec.2005 (copy enclosed). After decided that like Govt. Employees, Pension Scheme may be employees joining on or after colleges, Universities, technical 3. He is, therefore, advised amending the relevant Rules/Notifications application of New Defined the case of employees of all service on or after 1.1.2006. with connected petitions 5 information and necessary action. Similar by the State Government mutatis introduce the New Defined Contributory with effect from 01.01.2006, of Higher Education sent a memo, Universities, including the respondent 27.02.2007, which is to the followi of new Pension Scheme for added (aided) schools/colleges and Commissioner & Principal Secretary Education Department and Agriculture the subject cited above. introduced New Defined Pension Government employees joining service on pattern of Govt. of India vide Finance No.1/1/04-1Pension (F.D.) dated 22th After due consideration it has been Employees, New Defined Contributory made applicable in the case after 1.1.2006 in all the aided schools, technical and Educational Institutions. advised to make necessary provision Rules/Notifications so as to provide Defined Contributory Pension Scheme such aided institutions who joined Similar mutatis Contributory the memo, respondent following the and Secretary Agriculture Pension on or Finance 22th been Contributory of schools, Institutions. provision by for Scheme in joined MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 2.5. took the resolved as The new namely, Haryana University short, ‘the service on 2.6. System, vide after 01.01.2004, been appointed and were 01.01.2004, (Pension) issued by No.6154 of 2020 (O&M) along with In the light of aforementioned matter before its Executive Council as under: 18. Considered the adoption Scheme for the employees of after 1.1.2006 as conveyed Commissioner, Haryana, Chandigarh 2006-UNP(4) dated 20.4.2007 RESOLVED THAT PENSION SCHEME AS IMPLEMENTATION IN THE pension scheme was notified by Haryana New Pension Scheme, University framed ‘University Employee’s ‘the University NPS’), dated 27.01.2012, on or after 01.01.2006. After about twenty years vide notification dated 22.12.2003, 01.01.2004, the Central Government appointed against the posts advertised were covered under the new System 01.01.2004, one time option to be covered (Pension) Rules, 1972. A notification to the Government of India, which Subject: Coverage under Rules, in place of National Government employees who with connected petitions 6 aforementioned communication, the University Council (EC) on 30.06.2007, which adoption of Defined Contributory Pension of the University appointed on conveyed by the Higher Education Chandigarh vide memo No.18/163 20.4.2007 as per annexure 18 (1-54). DEFINED CONTRIBUTORY ABOVE BE ADOPTED FOR THE UNIVERSITY. by the Government on 18.08.2008, Scheme, 2008. On the same pattern, Employee’s New Pension Scheme, 2008’ (for 27.01.2012, for its employees who joined of introducing National Pension 22.12.2003, for employees appointed on Government allowed its employees who had advertised prior to the date of notification, System on joining service on or after covered under Central Civil Services that effect, dated 03.03.2023, was which is as follows: under Central Civil Services (Pension) Pension System, of those Central who were recruited against University which Pension on or Education No.18/163- CONTRIBUTORY FOR 18.08.2008, the (for joined Pension on or had notification, after Services was (Pension) Central the MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 2.7. dated 08.05.2023 Services Pension Scheme, No.6154 of 2020 (O&M) along with posts/vacancies advertised/notified 22.12.2003. xxx 3. Representations have from the Government servants requesting for extending the under Central Civil Services on the ground that their appointment posts/vacancies advertised/notified notification for National Pension judgments of various Hon'ble Administrative Tribunals allowing 4. The matter has been examined Department of Financial Services, Training, Department of Expenditure Affairs in the light of the various decisions of the Courts in this that, in all cases where the Central has been appointed against advertised/notified for recruitment/appointment, date of notification for National and is covered under the National service on or after 01.01.2004, to be covered under the CCS This option may be exercised servants latest by 31.08.2023. 5. to 12. xxx xxx In line therewith, the State 08.05.2023 to give one-time option (Pension) Rules, 2016, in place Scheme, to those of its employees with connected petitions 7 advertised/notified for recruitment, on or before xxx been received in this Department servants appointed on or after 01.01.2004 the benefit of the pension scheme (Pension) Rules, 1972 (now 2021) appointment was made against advertised/notified for recruitment prior Pension System, referring to court Hon'ble High Courts and Hon'ble Central allowing such benefits to applicants. examined in consultation with Services, Department of Personnel Expenditure and Department of Legal various representations/references and this regard. It has now been decided Central Government civil employee against a post or vacancy which was recruitment/appointment, prior to National Pension System i.e. 22.12.2003 National Pension System on joining 01.01.2004, may be given a one-time option (Pension) Rules, 1972 (now 2021). exercised by the concerned Government 31.08.2023. xxx State Government also issued an OM option to be covered under Haryana Civil place of New Defined Contributory employees who had been recruited against before Department 01.01.2004 scheme 2021) the to court Central applicants. the Personnel & Legal and decided employee was the 22.12.2003 joining option 2021). Government OM Civil Contributory against MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 the posts/vacancies under: No.6154 of 2020 (O&M) along with posts/vacancies advertised on or before Subject: Coverage under Punjab Vol.-II (now Haryana Civil Services place of New Defined Contributory State Government employees posts/vacancies advertised/notified 28.10.2005. I am directed to invite Department's Notification 18.08.2008 wherein the Defined (Haryana New Pension Government employees appointed notified and further relevant letter No. 1/1/2004-1Pension time to time. Instructions 2/47/2007-1Pension (FD) 20.10.2022 & 16.11.2022 and (FD) Dated 17/21.2.2022, 10.10.2022 2. Consequent on introduction (NPS) vide Government of Haryana 1Pension dated 28.10.2005, appointed on or after 01.01.2006 Government service are mandátorily The Punjab CSR Vol. II and amended vide Notification dated amendment, those rules are servants appointed to Government 3. Government of India (B) dated 03.03.2023 has decided cases where the Central Government appointed against a post advertised/notified for recruitment/appointment, with connected petitions 8 before 28.10.2005. The OM reads Punjab Civil Services Rules (CSR) Services (Pension) Rules, 2016), Contributory Pension Scheme, of those employees who were recruited against advertised/notified for recruitment, on or before invite your kind attention to the Finance Notification No.1/1/2004-1Pension Dated Defined Contributory Pension Scheme Scheme, 2008) for the State appointed on or after 01.01.2006 was instructions/Guidelines issued vide 1Pension dated 04.12.2008 and others from were also issued vide letter No. dated 22.06.2020, 27.01.2022, and letter No 2/32/2012-IPension 10.10.2022 & 05.12.2022. introduction of National Pension System Haryana Notification No. 1/1/2004 28.10.2005, all State Government employees 01.01.2006 to the posts in the State mandátorily covered under the NPS. and other connected rules were also dated 28.10.2005 and, after the said not applicable to the Government Government service after 31.12.2005. vide OM No. 57/05/2021-P&PW decided to give one time option in Government civil employee has been post or vacancy which was recruitment/appointment, prior to reads as (CSR) 2016), in those the before Finance Dated Scheme State was vide from No. 27.01.2022, IPension System 1/1/2004- employees State NPS. also said Government PW in all been was the MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 No.6154 of 2020 (O&M) along with date of notification for National and is covered under the National service on or after 01.01.2004 CCS(Pension) Rules, 1972 (now 4. Various representations Department from the State Government appointed on or after 01.01.2006 benefit of the pension scheme the ground that their appointment posts/vacancies advertised/notified notification for NPS. Even some /servant(s) have also filed Court 5. The State Government, decided that: (i) in all cases where the servant(s) has been appointed was advertised / notified for the date of notification for New Scheme i.e. 28.10.2005 and Contribution Pension Scheme 2008) on joining service on or one-time option to be covered (now Haryana Civil Services option may be exercised by employee(s)/servant(s) latest (ii) those Government eligible to exercise option above, but who do not exercise of 31st August, 2023, shall Defined Contributory Pension Scheme, 2008). (iii) the option once exercised with connected petitions 9 National Pension System i.e. 22.12.2003 National Pension System on joining 01.01.2004 to be covered under (now 2021). representations have been received in Finance Government employee(s)/servant(s) 01.01.2006 requesting for extending scheme under the Punjab CSR Vol. II appointment was made against tised/notified for recruitment prior some State Government employee(s) Court cases for claiming such benefit. Government, after due consideration, the State Government employee(s)/ appointed against a post or vacancy which recruitment / appointment, prior New Defined Contribution Pension and is covered under the Defined Scheme (Haryana New Pension Scheme, or after 01.01.2006, may be given covered under the Punjab CSR Vol. Services (Pension) Rules, 2016). This by the concerned State Government by 31st August, 2023. employee(s)/servant(s) who in accordance with point no. ercise this option by the stipulated date shall continue to be covered by Pension Scheme (Haryana New Pension exercised shall be final. 22.12.2003 joining the Finance employee(s)/servant(s) the II on the to employee(s) benefit. has employee(s)/ which prior to Pension Defined Scheme, given a Vol.-II This Government are (i) date the Pension MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 2.8. Higher Education respondent which reads 2.9. by the University, No.6154 of 2020 (O&M) along with (iv) the matter regarding Vol.-II (now Haryana Civil based on the option exercised employee(s)/servant(s), shall Authority of the posts for which for consideration, in accordance In case the Government the conditions for coverage under Haryana Civil Services (Pension) with these instructions, necessary issued latest by 31st October, The NPS account of such /servant(s) shall, consequently, 2023. (v) to (vii) xxx xxx Further, the said OM dated Education Department to the respondent University, for strict compliance, reads as under: A letter No. 1/1/2004-1Pension received from Joint Secretary Chief Secretary to Government regarding “Coverage under Punjab Vol.-II (now Haryana Civil Services place of New Defined Contributory State Government employees posts/vacancies advertised/notified 28.10.2005” is forwarded to the However, before OM dated 08.05.2023 University, it was withdrawn by with connected petitions 10 coverage under the Punjab CSR Services (Pension) Rules, 2016), exercised by the State Government shall be placed before the Appointing which such option is being exerci accordance with these instructions. Government employee(s)/servant(s) fulfills under the Punjab CSR Vol.-II (Now (Pension) Rules, 2016), in accordance necessary order in this regard shall 2023. such State Government employee(s) consequently, be closed w.e.f. 31st December, xxx 08.05.2023 was forwarded by State Universities, including compliance, vide order dated 13/17.07.2023, 1Pension (FD) dated 08.05.2023 has been Secretary Finance (Pension) O/o Additional Government Haryana Finance Department Punjab Civil Services Rules (CSR) Services (Pension) Rules, 2016) Contributory Pension Scheme, of those employees who were recruited against advertised/notified for recruitment, on or before the following for strict compliance. 08.05.2023 could be given effect by the Department vide impugned CSR 2016), Government Appointing exercised fulfills (Now accordance shall be employee(s) December, the the .07.2023, been Additional Department (CSR) 2016) in those the before compliance. effect to impugned MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 memo dated which reads Submissio 3. have raised date of appointment petitioners contributions salaries. University members rights vested been taken applicable the law laid Agricultural others, 2022(4) dated 08.05.2023 No.6154 of 2020 (O&M) along with dated 24.07.2023, addressed to reads as under: It is submitted that an order (FD) dated 08.05.2023 received Secretary to Government Haryana forwarded to your universities department vide order issued Ad (3) dated 17.07.2023. On notice of this department that by your universities in the matter. respect of universities be treated Submissions In this factual background, learned raised two-fold submissions. Firstly appointment in the University, the petitioners were made its members contributions towards the fund were being Later, in terms of the EC resolution University NPS was notified on 27.01.2012, of this new scheme without even vested in them by virtue of being taken away in this manner; nor could applicable retrospectively. In this regard, laid down by the Supreme Court Agricultural Development Bank Ltd. v. Registrar, 2022(4) SCC 363. Secondly, it has 08.05.2023 the Government extended with connected petitions 11 the concerned State Universities order bearing No. 1/1/2004-1Pension received from Additional Chief Haryana Finance Department was universities for strict compliance by this issued under endst. No. KW 12/01-20 On re-consideration it has come to that no action is required to be taken matter. Hence the aforesaid order treated as withdrawn. learned counsel for the petitioners Firstly, it has been contended that on the OPS was in operation and by allotment of GPF numbers; being regularly deducted out of their resolution, dated 30.06.2007, 27.01.2012, and the petitioners were made even obtaining their consent. The being members of OPS could not have could the scheme have been made regard, learned counsel have relied upon Court in Punjab State Co-operative Registrar, Co-operative Societies and has been contended that vide letter extended benefit of CSR/old pension rules Universities, 1Pension Chief was this 2019 the taken order in petitioners the the numbers; their the made The have made upon operative and letter rules MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 to its employees appointed Most of advertisements letter was dated 13/17 dated 24.07.2023, action illegal benefits under reference change in has to be has been of its employees 4. contended the process Government, purpose that maintained was implemented after 01.01.2006, the name with the contribution No.6154 of 2020 (O&M) along with employees who were governed appointed in response to the advertisements the petitioners have also been advertisements issued prior to this date. was rightly extended to the University /17.07.2023, which was suddenly 24.07.2023, without any cause or illegal and arbitrary. Accordingly, under OM dated 08.05.2023. to clause 15.2.1 (iii) of the University in grant of pensionary benefits by made applicable to the University taken in that direction. The University employees which has not been done. Per contra, learned counsel contended that at the time of petitioners’ process of implementing the NPS Government, therefore, they were allotted that the amount of their own share maintained in a proper way until finalisation implemented and made applicable for 01.01.2006, vide EC resolution dated of V.C.K.U. Defined Contributory State Bank of India, Kurukshetra, contribution of the employees appointed with connected petitions 12 under NPS, provided they were advertisements issued on or before 28.10.2005. been appointed in response to Therefore, benefit in terms of University employees also, vide order suddenly withdrawn vide impugned memo citing any reason. This makes Accordingly, the petitioners are entitled to Learned counsel have also made University NPS to contend that any by the Government for its employees University employees also, but no action University is bound to watch interests done. for the Kurukshetra University appointment the University was NPS in consultation with the State allotted GPF numbers. It was only for share and that of the University may finalisation of the University NPS. After for the employees appointed on dated 30.06.2007, a separate account Contributory Pension Scheme was opened Kurukshetra, in 2007 for maintaining on or after 01.01.2006. Thereafter, were 28.10.2005. the the order memo the the made any employees action interests has was in State the may be After it on or account in opened the Thereafter, MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 in 2008, Following sent to CEO, Also, a letter Accounts), process to informed Securities Thereupon, employees Permanent under the other employees under the along with 2012, which transferred accounts. as per the Accordingly, filing the Division petitioners CWP No.10102 and another No.6154 of 2020 (O&M) along with the Government circulated NPS Following the procedure prescribed, a consent CEO, NPS Trust, PFRDA, New Delhi, letter dated 19.07.2011 was sent to Accounts), Government of Haryana, Chandigarh, to implement the scheme could be by the Manager, Central Recordkeeping Securities Depository Ltd. (NSDL), Mumbai, Thereupon, the University issued a notification, employees who were appointed on or Permanent Retirement Account Number the new scheme. In response thereto, employees submitted their forms in the University NPS by allotting PRAN with up-to-date interest from their respective which were kept in the separate transferred to NSDL, Mumbai, for transmission Ever since, regular deductions have the University NPS, which has Accordingly, the petitioners are estopped instant petitions. He also contend Bench of this Court earlier and petitioners therein vide judgment No.10102 of 2022 titled Ranjeet Singh another. with connected petitions 13 NPS notification, dated 18.08.2008. consent letter dated 17.07.2011 was Delhi, for implementing the scheme. to Deputy Director (Treasuries and Chandigarh, for the purpose. The be finalised in November 2011, Recordkeeping Agency, National Mumbai, vide e-mail dated 22.11.2011. notification, dated 27.01.2012, asking after 01.01.2006 to submit their Number (PRAN) forms for registration thereto, all the petitioners as well in 2012, and they were registered PRAN numbers. Their contributions respective dates of joining to March account as aforementioned, were transmission in their respective PRAN have been made from their salaries never been objected to by them. estopped from challenging the scheme contended that the issue came up before and the relief was declined to dated 19.05.2022, passed Singh and others v. State of Haryana 18.08.2008. was scheme. and The 2011, as National 22.11.2011. asking its their registration well as registered contributions March were PRAN salaries them. by before a the in Haryana MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 5. learned counsel for withdrawal dated 08.05.202 Analysis 6. considered. First argument 7. made members could not 30.06.2007, governed numbers, the University introduction asserted their University appointed The petitioners members transferred been paying resolution, employees No.6154 of 2020 (O&M) along with Learned State counsel, while counsel for the University, failed withdrawal of order dated 13/17.07.2023, 08.05.2023 had been extended to the Submissions made by learned considered. argument The first argument on behalf members of the OPS by allotting GPF not have been made applicable to 30.06.2007, does not cut much ice. The under the OPS merely because or that their terms of appointment University NPS from the date of joining. introduction of this new scheme they opted their rights to be governed under University NPS notification, dated 27.01.2012, appointed on or after 01.01.2006 were asked petitioners submitted the same and of the University NPS, and transferred to PRAN accounts under the paying contributions towards it without resolution, dated 30.06.2007, making the employees appointed after 01.01.2006 was with connected petitions 14 while adopting the submissions made failed to cite any reason or justification .07.2023, whereby the benefit of OM the University employees. learned counsel for the parties have been behalf of the petitioners that having been GPF numbers, the University NPS to them vide EC resolution dated The petitioners cannot claim to because initially they were allotted GPF appointment did not make them members joining. The fact remains that after opted for it of their own and never under the OPS at any stage. As per 27.01.2012, all the employees who were asked to submit their PRAN forms. and got themselves registered and their GPF contributions were new scheme. Ever since they have without any protest. Also, the the new scheme applicable to was never questioned, nor was any made by justification OM been been NPS dated be GPF members of after never the were forms. as were have EC the any MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 challenge accordingly accepted under the around and favour of the challenge 7.1. earlier considered rejected, holding 7.2. judgment No.6154 of 2020 (O&M) along with challenge laid to the notification dated accordingly, acquiesced to the University its membership more than a decade the bridge since then. At this stage, and seek benefits under the OPS of the new scheme. Therefore, the challenge to EC resolution dated 30.06.2007. The claim of a few Government considered by a Division Bench holding as under: The petitioners were selection process vide advertisement (Annexure P-1). Their appointment issued on 07.07.2006 (Annexure appointment letter specifically were covered by the “New Scheme” as per the notification subject matter of challenge. acceptable to the petitioners, to the Principal within 15 days. xxx A period of more than was in force and the petitioners, the said scheme for the last this stage to raise the issue at Court to consider and call upon totally uncalled for. Reliance placed by learned in Punjab State Co-operative Agricultural with connected petitions 15 dated 27.01.2012. The petitioners University NPS without demur and willingly decade back. Much water has flown stage, they cannot be allowed to turn which was voluntarily given up the argument stands rejected, as also 30.06.2007. Government employees on similar facts was in Ranjeet Singh case (supra) and were appointed in pursuance of advertisement dated 10.08.2005 appointment letters were eventually (Annexure P-6). Clause 13 of the said specifically provided that the petitioners “New Defined Contribution Pension notification dated 28.10.2005, which If the terms and conditions were petitioners, the joining report was to be given days. xxx xxx than 14 years is gone since the same petitioners, thus, have contributed towards almost 14 years. For petitioners at such a belated stage and for this upon the State to justify would counsel for the petitioners on Agricultural Development Bank Ltd. petitioners, willingly flown turn up in also was and the 10.08.2005 eventually said petitioners Pension which is were given same towards petitioners at this would be the Ltd. MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 case (supra the instant rights can proviso to obtaining pension scheme them continuously the employees withdrawn that by availing employees contrary and the petitioners Besides, they NPS at any Second argument 8. benefit of OM dated reasons. 8.1. OPS, that Government employees, Punjab Civil No.6154 of 2020 (O&M) along with supra) is also misplaced, since the law instant case. The judgment decided the can be taken away with retrospective to Article 309 or by an Act made options, the Bank employees scheme introduced from 01.04.1989. continuously till 2010 when the Bank employees to approach this Court. withdrawn with effect from 01.04.1989. In availing the benefit of pension scheme employees which could not have been taken and giving it retrospective operation. petitioners were never given pension or they did not challenge their being any stage, as already discussed. argument The second argument on behalf of OPS is based upon a decision taken dated 08.05.2023, and it deserves Initially, the University employees that was implemented with effect Government as well as the State Government employees, viz., Central Civil Services Civil Services Rules, respectively. with connected petitions 16 law laid down has no application the issue, whether vested or accrued retrospective effect by the rules made under under that article. In that case, after employees had been made members of 01.04.1989. And pension was being paid Bank failed in its obligation, forcing Court. Later, the scheme itself was In these circumstances, it was held scheme a right had accrued to taken away by an amendment to operation. Whereas, in the case at hand or any other benefit under the OPS. being made members of the University behalf of the petitioners to claim taken by the State Government vide to be accepted for the following employees were governed under effect from 01.04.1995. The Central Government had similar schemes for Services (Pension) Rules, 1972, and respectively. However, it was decided application to accrued under after of a paid to forcing was held the the hand OPS. University claim vide following the Central for its the decided to MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 introduce namely, National made applicable On the Government employees, Services Rules, effect that appointed Defined Contributory 8.2. employees substantially, educational memo dated provide for for its employees therewith, introduce 01.01.2006, process of notification 8.3. the Central benefit of No.6154 of 2020 (O&M) along with a new pension scheme for the National Pension Scheme, which applicable for the employees joining same pattern, vide notification Government also decided to introduce employees, and carried out necessary Rules, Volume-I, Part-I, as applicable that the said rules shall not app appointed on or after 01.01.2006, and they Contributory Pension Scheme, which Since pension liabilities of employees of aided schools/colleges, were substantially, it was decided to make the educational institutions as well. And the Higher dated 20.04.2007, asked the University for application of the New Defined employees who joined service therewith, the University, vide EC resolution the new scheme for its employees 01.01.2006, and notified the same as the of obtaining clearances from notification dated 27.01.2012. Later, considering various representations Central Government issued OM on of one-time option to its employees with connected petitions 17 the Central Government employees, which was notified on 22.12.2003, and joining service on or after 01.01.2004. notification dated 28.10.2005, the Stat introduce a new pension scheme for amendments in the Punjab Civil applicable to the State of Haryana, to apply to the Government employees they shall be covered by the New which was notified on 18.08.2008 the University employees, as also were to be borne by the Government the new scheme applicable to these Higher Education Department, vide University to amend its rules so as Defined Contributory Pension Scheme on or after 01.01.2006. In terms resolution dated 30.06.2007, resolved employees appointed on or after the University NPS after a prolonged the concerned authorities, vide representations from its employees, on 03.03.2023 deciding to give employees covered under the Central NPS employees, and 01.01.2004. State its Civil the employees New 18.08.2008. also overnment these vide as to Scheme terms resolved to after prolonged vide employees, the NPS MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 but appointed notification rules/Central Government from its employees same benefit employees scheme/Haryana exercise such forwarded other Universities, compliance memo dated offering any failed to come 24.07.2023 “decided to the same Office Memorandum issuing letter 8.4. impugned employees its employees the Central No.6154 of 2020 (O&M) along with appointed against the posts/vacancies fication for NPS, i.e., 22.12.2003, to rules/Central Civil Services (Pension) Rules, Government followed suit and by considering employees favourably, issued OM benefit to them. It also gave one-time employees covered under the State NPS scheme/Haryana Civil Services (Pension) such option by 31.08.2023. The forwarded for strict compliance to the Universities, vide order dated 13 compliance could be made, it was abruptly dated 24.07.2023, impugned herein, any justification. Even before this come up with any explanation justifying 24.07.2023. The written statement cryptically to withdraw the earlier letters dated were issued inadvertently without Memorandum dated 08.05.2023 letter dated 24.07.2023.” In the conspectus of the facts impugned memo was required to be made employees as well. It is because the State employees vide notification dated 18.08.2008, Central Government. The University with connected petitions 18 posts/vacancies advertised prior to the date be governed under the old pension Rules, 1972 (now 2021). The State considering the representations received OM dated 08.05.2023 extending time option to its similarly placed NPS to seek benefit of the (Pension) Rules, 2016, by allowing them The said OM dated 08.05.2023 was respondent University, along with 13/17.07.2023. However, before abruptly withdrawn vide the subsequent herein, without citing any reason this Court, the State Government justifying issuance of memo dated cryptically states, the Department dated 13.07.2023 and 17.07.2023 without noticing the applicability of and therefore was withdrawn facts enumerated herein before, made applicable to the University State Government introduced NPS 18.08.2008, following the footsteps University was also asked to follow suit date of pension State received the placed old them to was with the subsequent reason or has dated Department 17.07.2023 as of the by the University for footsteps of suit MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 leading to Government the NPS to benefit to incumbent employees direction; decision pension scheme Government allowed the prior to the Scheme, option, as the same angle, the Central Government reached the OM dated University system following depriving Government the benefit backtracked No.6154 of 2020 (O&M) along with to introduction of the University Government decided to give one-time option to opt for the old scheme; the State to its employees vide OM dated incumbent for the Government to extend employees also, and its order dated 13 direction; its sudden withdrawal without whimsical. Evidently, the University scheme for its employees on the lines Government for its employees, and it did the category of its employees appointed the date of notification for Ne i.e., 28.10.2005, to go back to as a necessary corollary the benefit category of the University employees the stream of extended benefits of Government notification to that the State Government leading to dated 08.05.2023, has to be logically University employees as well who have been following directions by the State depriving them of the benefit of one-time Government to its employees, is unreasonable. benefit initially vide order dated backtracked leaving them high and dry, with connected petitions 19 University NPS there. Later, the Central option to its employees covered under State Government also gave the same dated 08.05.2023. This makes extend this benefit to the University 13/17.07.2023 was a step in that without any reasonable basis renders University was asked to frame new lines of the one framed by the State did so. Once the State Government appointed against the posts advertised New Defined Contributory Pension to the old scheme by exercising benefit was required to be extended employees also. To see it from another of one-time option flowing from that effect, dated 03.03.2023, which to the decision on similar lines vide logically allowed to flow down to been brought under the new pension State Government only. Accordingly, time option extended by the State unreasonable. Furthermore, after extending 13/17.07.2023, the Government ry, and issued the impugned memo Central under same makes it University that the new State Government advertised Pension an nded to another the which vide the pension ngly, State extending Government memo MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 dated 24.07.2023. handedness acceded to anoint to itself any justifiable permeate issued for and cannot resultantly, same terms Clause 15.2.1 9. University The clause benefits as applicable Vice-Chancellor pensionary the University change brought vide OM scheme, the No.6154 of 2020 (O&M) along with 24.07.2023. Such an about-turn without handedness on the Government’s part which to. In the Constitutional scheme of itself absolute power to act or not justifiable reason; it is rather anathema every executive action. This shows for extraneous reasons; it is a result cannot be sustained. The petitioners resultantly, held entitled to the benefits under terms as these have been extended to 15.2.1 (iii) of the University NPS Additionally, it is pertinent to University NPS, which is as follows: Any change(s) in grant of Pensionary Haryana Govt. to its employees applicable to the University Vice-Chancellor. clause specifically provides that any as made by the Government applicable to the University employees Chancellor. Once the scheme itself pensionary benefits for government employees University employees also, there is no brought about in pensionary benefits OM dated 08.05.2023. Despite this the University on its part has not with connected petitions 20 without any rationale smacks of high which is deplorable, and cannot of things no executive authority can not to act at will, without mentioning anathema to the rule of law that must shows the impugned memo has been result of arbitrary exercise of power, petitioners being University employees are, under OM dated 08.05.2023 on to the State Government employees. to refer to clause 15.2.1 (iii) of Pensionary benefits as made by yees from time to time shall be made University employees after approval by any change in grant of pensionary for its employees shall be made employees after approval by itself mandates that any change employees will be made applicable no justification to deprive them of benefits for the government employees this positive obligation under taken any step in that direction and high cannot be can mentioning must been power, are, the employees. the the made the pensionary made the in applicable to the employees the and MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 appears to “...no such extending memorandum interests of for them, employees benefits under discussed failure. 9.1. Government autonomous and termination employees of the employees of the Governmen University employees communications it to implement University fiat to its justification new pension No.6154 of 2020 (O&M) along with to have abdicated its authority. The such proposal/matter was received extending the benefit of Old Pension Scheme memorandum dated 08.05.2023.” Apparently, of its employees and ensuring applicability , the University has chosen to employees at the mercy of the Government under the OM in an autocratic manner discussed hereinbefore. The University There is another aspect of Government. Its stand in the written statement autonomous body and free to take its own termination of teachers/employees, employees and their remuneration, etc. However, employees and their consequent pensions, Government as required under Section University Act, 1986. Concededly, pension employees are met by the Government. It communications to the University, dated implement the New Defined Pension University sought its approval or implementation; its autonomous body meant to justification to withhold benefits of OM pension scheme from the University with connected petitions 21 The Government is on record stating, received by the office of respondent Scheme to Universities in reference Apparently, instead of safeguarding applicability of the beneficial change to be a mute spectator, leaving Government which has deprived them of manner without any justification, is, accordingly, censured for this of the matter, doublespeak by statement is, the University is a own decisions regarding appointments teachers/employees, engagement of contractual However, it cannot revise pay scales pensions, etc. without prior approval Section 12 A of the Kurukshetra pension liabilities of the University It is not the Government’s case that 27.02.2007 and 20.04.2007, asking ension Scheme were issued after implementation; it was the Government’s to be followed. Accordingly, dated 08.05.2023 issued under University employees on the plea that stating, respondent reference to the change its the justification, as this the an appointments contractual scales approval Kurukshetra University that asking the Government’s the the the MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 same were shows the attempt to blow hot the cost of apathetic under the are treated employees of not receiving attitude towards Government scheme has thereunder arbitrary and to benefits Conclusion 10. 24.07.2023 OM dated against the two weeks’ NPS accounts will be released out within No.6154 of 2020 (O&M) along with were never asked for by the latter, the State Government’s changing to justify the same by using perverse and cold in the same breath and of University employees, who have attitude. If it suits the Government new pension scheme meant for treated as aliens and even the benefits employees under the same scheme are denied receiving any proposal from the University towards University employees is Government too is hereby censured on that has been extended to the University under have also to be extended mutatis and unreasonable. On this basis also benefits under OM dated 08.05.2023. Conclusion In view of the discussion, 24.07.2023 is set aside. The respondents are dated 08.05.2023 to those of the petitioners the posts advertised on or before weeks’ time to complete the requisite accounts shall be closed. They will released due benefits as admissible. within eight weeks of receiving a certified with connected petitions 22 latter, cannot be countenanced. It only changing stands to suit its whims, and perverse logic. It cannot be allowed and take self-contradictory stands have been made to suffer due to this Government, these employees are brought for its employees, if it does not, they benefits available to the Government denied to them on the specious plea University in this regard. This callous deplorable to say the least, and that account. Once the new defined University employees, the benefits flowing mutatis mutandis, not doing so also the petitioners are held entitled discussion, the impugned memo dated are directed to extend the benefit petitioners who have been appointed ore 28.10.2005. They will be allowed requisite formalities, and thereafter their be made members of the OPS and admissible. These directions are to be carried certified copy of this judgment. only an allowed to stands at this brought they Government plea callous the defined flowing so is entitled dated benefit of appointed allowed their and carried MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment. CWP No.6154 10.1. which are petitioners Department remainder period stipulated 11. 12. 01.07.2025 Maninder No.6154 of 2020 (O&M) along with The respondents are burdened are quantified as ₹5,00,000 (Rupees petitioners in equal proportion; of these costs Department of Higher Education, Government remainder by the Kurukshetra University. stipulated above. The petitions stand allowed in A photocopy of this order be 01.07.2025 Whether speaking/reasoned Whether reportable with connected petitions 23 burdened with costs of these five petitions (Rupees five lacs), to be paid to costs ₹4,00,000 are to borne by Government of Haryana, and University. The costs shall be paid within in the aforementioned terms. placed on the connected files. (TRIBHUVAN DAHIYA) JUDGE : Yes/No : Yes/No petitions the the the the DAHIYA) MANINDER 2025.07.01 11:37 I attest to the accuracy and authenticity of this order/judgment.