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2026 DAILYLAW 38791 (PNJ)

PUMMY SHARMA AND OTHERS v. STATE OF PUNJAB AND OTHERS

RA-CW/514/2026 · 2026-09-03

Harpreet Singh Brar

body2026

Judgment text

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RA-CW No.514-2026(O&M) in CWP 18043 of 2017 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 106 RA-CW No.514 of 2026(O&M) in CWP No.18043 of 2017 Date of Decision: 03.09.2026 Pummy Sharma and others .....Petitioners VERSUS State of Punjab and others …..Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Navdeep Chhabra, Advocate for the applicant/respondent No.4. Mr. R.K.Malik, Senior Advocate with Mr. Sandeep Dhull, Advocate for non-applicant/petitioners. Mr. Charanpreet Singh, AAG, Punjab. ***** HARPREET SINGH BRAR, J. CM-15604-CWP of 2026 Instant application has been filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 162 days in filing of the review application. Notice of the application. Mr. Charanpreet Singh, AAG, Punjab, who is present in Court on advance notice, accepts notice on behalf of respondent-State, whereas, Mr. Sandeep Dhull, Advocate accepts notice on behalf of non-applicant/petitioners. Learned counsel for non-applicants raise no serious objection thereto. Heard. OMKAR SINGH 2026.09.07 09:59 I attest to the accuracy and integrity of this document High Court Chandigarh RA-CW No.514-2026(O&M) in CWP 18043 of 2017 -2- In view of the grounds taken in the application as well as arguments addressed, the same is allowed. Delay of 162 days in filing of the application for restoration of the main case is condoned. RA-CW No.514 of 2026 1. The present review application has been filed under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908, seeking review of the judgment dated 13.02.2026 passed by this Court in CWP No.18043 of 2017. 2. Learned counsel for the applicant/respondent No.4, inter alia, contends that the petitioners were initially appointed on contractual basis in the year 2009 and, vide judgment dated 13.02.2026 passed in the writ petition under review, their services have been ordered to be regularized. Learned counsel submits that the petitioners cannot be extended the benefit of the Old Pension Scheme/GPF Rules, as their initial appointments on contractual basis were made after 01.01.2004 and, therefore, they would be governed by the New Pension Scheme. 3. Notice in the review application. 4. Mr. Charanpreet Singh, AAG, Punjab, who is present in Court on advance notice, accepts notice on behalf of the respondent-State, whereas Mr. Sandeep Dhull, Advocate, accepts notice on behalf of the non-applicant/petitioners. 5. Learned counsel for the parties are ad idem that the judgment under review requires modification to the extent that the petitioners would be governed by the New Pension Scheme, their appointments having been made pursuant to Advertisement dated 28.03.2008 and the appointment letters on contractual basis having been issued on 04.02.2009. 6. Having regard to the facts and circumstances, particularly, the stand taken by learned counsel for the parties, the judgment dated 13.02.2026 passed in OMKAR SINGH 2026.09.07 09:59 I attest to the accuracy and integrity of this document High Court Chandigarh RA-CW No.514-2026(O&M) in CWP 18043 of 2017 -3- CWP No.18043 of 2017 is modified to the extent that the petitioners shall not be entitled to the benefit of Old Pension Scheme on the basis of judgments rendered by the Division Bench of this Court in CWP No.2371 of 2010, titled as Harbans Lal Vs. State of Punjab and LPA No.1892 of 2019, titled as State of Haryana and others Vs. Jai Bhagwan, and shall instead be governed by the New Pension Scheme in accordance with law. All other directions contained therein shall remain intact. 7. The review application stands disposed of, accordingly. ( HARPREET SINGH BRAR ) September 03 , 2026. JUDGE ‘om’ Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No OMKAR SINGH 2026.09.07 09:59 I attest to the accuracy and integrity of this document High Court Chandigarh