1 CWP-23122-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 117 CWP-23122-2026 Date of Decision: 28.07.2026 Babita .....Petitioner VERSUS State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Sandeep Singal, Advocate for the petitioner. Mr. Rahul Dev Singh, Addl. AG Haryana-State. HARPREET SINGH BRAR, J. (Oral) 1. The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ or order in the nature of mandamus directing the respondents to include the petitioner in the Old Pension Scheme mentioned under the Punjab Civil Services Rules Vol-II (as applicable to Haryana) now contained in Haryana Civil Services (Pension) Rules, 2016 as per the policy decision of Government of Haryana notified vide memorandum dated 08.05.2023 (Annexure P-3) with all consequential benefits. PUNEET CHAWLA 2026.07.29 13:52 I attest to the accuracy and integrity of this document 2 CWP-23122-2026 2. Learned counsel for the petitioner, inter alia, contends that the advertisement pursuant to which the petitioner was appointed was issued on 19.09.2003, i.e. much prior to the cut-off date of 28.10.2005 and before the introduction of the New Pension Scheme. It is submitted that although the petitioner was selected and appointed as a JBT Teacher vide appointment letter dated 04.05.2007, her appointment was against a vacancy advertised prior to 28.10.2005 and, therefore, she squarely falls within the category of employees held entitled to the benefit of the Old Pension Scheme. Learned counsel further submits that the State of Haryana, taking note of the aforesaid position, issued Office Memorandum dated 08.05.2023 (Annexure P-3), whereby employees appointed against vacancies advertised before 28.10.2005 were permitted to exercise an option for coverage under the Old Pension Scheme. It is contended that in terms of the said Office Memorandum, the petitioner duly exercised her option on 02.08.2023 within the prescribed period, as is evident from Annexure P-4. However, despite the petitioner's option having been submitted within time and fulfilling all the eligibility conditions prescribed under the Office Memorandum, no decision has been taken by the respondents till date, thereby arbitrarily depriving the petitioner of the benefits of the Old Pension Scheme. It is further submitted that the issue raised in the present writ petition is no longer res integra and stands concluded by the judgments of this Court in CWP- 2003-2024 and connected matters, Sanveer and others Versus State of Haryana and others, decided on 14.05.2026 (Annexure P-6) and CWP- PUNEET CHAWLA 2026.07.29 13:52 I attest to the accuracy and integrity of this document 3 CWP-23122-2026 20263-2024 and connected matters, Om Prakash Versus State of Haryana and others, decided on 09.07.2026, wherein similarly situated employees have been held entitled to consideration for grant of the benefit of the Old Pension Scheme. 2.1 At this stage, learned counsel for the petitioner submits that he would be satisfied if the present writ petition is disposed of with a direction to respondent No.2/competent authority to consider and decide the legal notice dated 20.04.2026 (Annexure P-5) by passing a reasoned and speaking order, after considering the petitioner's claim in the light of the Office Memorandum dated 08.05.2023 (Annexure P-3), the option submitted by the petitioner on 02.08.2023 (Annexure P-4), and the judgments of this Court in Sanveer (supra) and Om Prakash (supra), strictly in accordance with law and within a time-bound period. 3. On advance notice, learned State counsel accepts notice on behalf of the respondents and submits that he has no objection if a direction is issued to respondent No.2/competent authority to consider and decide the legal notice dated 20.04.2026 (Annexure P-5) by passing a reasoned and speaking order, strictly in accordance with law and after examining the petitioner's claim in the light of the Office Memorandum dated 08.05.2023 (Annexure P-3) as well as the judgments of this Court referred to hereinabove (supra), within a stipulated period. PUNEET CHAWLA 2026.07.29 13:52 I attest to the accuracy and integrity of this document 4 CWP-23122-2026 4. In view of the limited prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the claim, the present writ petition is disposed of with a direction to respondent No.2/competent authority to consider and decide the legal notice dated 20.04.2026 (Annexure P-5) by passing a reasoned and speaking order, after considering the Office Memorandum (Annexure P-3) and the judgments cited hereinabove (supra), strictly in accordance with law, within a period of three months from the date of receipt of a certified copy of this order. The decision so taken shall be communicated to the petitioner forthwith. 5. Needless to observe that, in the event the petitioner is found entitled to the relief claimed, the same shall also be extended to her expeditiously, strictly in accordance with law. 6. Pending miscellaneous application(s), if any, shall also stand disposed of. (HARPREET SINGH BRAR) JUDGE 28.07.2026 Puneet Chawla Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PUNEET CHAWLA 2026.07.29 13:52 I attest to the accuracy and integrity of this document