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High Court of Punjab and Haryana · body

2026 DAILYLAW 38764 (PNJ)

SURINDER BAGGA v. STATE OF PUNJAB THROUGH ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION PUNJAB

CWP/29548/2026 · 2026-09-11

Kuldeep Tiwari

body2026

Judgment text

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CWP-29548 IN THE HIGH COURT OF PUNJAB AND HARYANA (121) Surinder Bagga State of Punjab CORAM: Present: KULDEEP TIWARI 1. Constitution of India, a prayer is made of issuance of a writ, in the nature of mandamus, directing the respondents, under the ‘Old Pension Scheme’ Pension Scheme’ and therefore, he is entitled for the benefits under the OPS. 2. made the representation/ respondents No. on date, which propelled mandamus, 3. 29548-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Surinder Bagga Versus State of Punjab and others HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Virinder Ka. Shukla, Advocate Mr. Ashish Gupta, Advocate for the petitioner. Mr. Sahil R. Bakshi, AAG, Punjab. **** KULDEEP TIWARI, J. (ORAL) Through the instant petition, cast under Article 226 Constitution of India, a prayer is made of issuance of a writ, in the nature of mandamus, directing the respondents, to consider the case of the petitioner ‘Old Pension Scheme’ (OPS) instead of Pension Scheme’ (NPS), since the petitioner is working prior to 01.01.2004 and therefore, he is entitled for the benefits under the OPS. Learned counsel for the petitioner submits that the petitioner ha made the representation/legal notice dated respondents No.1 to 4. However, the said legal notice has , which propelled him to file the instant upon the respondents concerned, to take apt steps. Notice of motion. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-29548-2026 Date of Decision : 11.09.2026 …Petitioner ...Respondents KULDEEP TIWARI , Advocate and Mr. Sahil R. Bakshi, AAG, Punjab. nt petition, cast under Article 226/227 of the Constitution of India, a prayer is made of issuance of a writ, in the nature of to consider the case of the petitioner (OPS) instead of ‘New Defined Contributory , since the petitioner is working prior to 01.01.2004 and therefore, he is entitled for the benefits under the OPS. Learned counsel for the petitioner submits that the petitioner ha legal notice dated 25.06.2026 (Annexure P-10), . However, the said legal notice has not been decided, e the instant writ petition, seeking upon the respondents concerned, to take apt steps. 1 of the Constitution of India, a prayer is made of issuance of a writ, in the nature of to consider the case of the petitioner ‘New Defined Contributory , since the petitioner is working prior to 01.01.2004, Learned counsel for the petitioner submits that the petitioner have to been decided, as petition, seeking MANPREET SINGH 2026.09.12 11:02 I attest to the accuracy and authenticity of this order/judgment CWP-29548 4. the respondents objection, in case, a decided the lega 5. been made by the petitioner mandamus upon the the legal notice dated order, after providing 6. weeks, from the date of receipt of certified copy of this order. 7. 8. its compliance. September 11, 2026 Manpreet 29548-2026 Mr. Sahil R. Bakshi, AAG, Punjab, accepts notice on behalf of the respondents/State, and waives services. He fairly submits that jection, in case, a mandamus is passed upon the authorities concerned, to decided the legal notice (supra). In view of the above, since a bona fide been made by the petitioner, this Court deems it fit and appropriate to pass a upon the competent respondent amongst the respondents the legal notice dated 25.06.2026 (Annexure P after providing adequate opportunity of hearing to the petitioner. The exercise (supra), shall be carried out within from the date of receipt of certified copy of this order. Disposed of accordingly. Copy of this order be conveyed to the its compliance. September 11, 2026 Whether speaking/reasoned Whether reportable Mr. Sahil R. Bakshi, AAG, Punjab, accepts notice on behalf of , and waives services. He fairly submits that he has no is passed upon the authorities concerned, to bona fide and innocuous prayer has this Court deems it fit and appropriate to pass a competent respondent amongst the respondents, to decide (Annexure P-10), by passing a speaking opportunity of hearing to the petitioner. The exercise (supra), shall be carried out within a period of four from the date of receipt of certified copy of this order. Copy of this order be conveyed to the respondents, forthwith, for (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No 2 Mr. Sahil R. Bakshi, AAG, Punjab, accepts notice on behalf of he has no is passed upon the authorities concerned, to has this Court deems it fit and appropriate to pass a , to decide by passing a speaking four , forthwith, for MANPREET SINGH 2026.09.12 11:02 I attest to the accuracy and authenticity of this order/judgment