Chand Ram and Others Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

Chand Ram and Others Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Matter disposed of with directions to the respondents to re-examine the petitioners' claim for the Old Pension Scheme benefit and decide afresh within four months, uninfluenced by the impugned orders; if found entitled, the benefit to be granted forthwith; any adverse order to be passed only after affording opportunity of hearing and containing reasons.

Issue for consideration

Whether the petitioners are entitled to the benefit of the Old Pension Scheme in terms of the judgment of this Court in Harbans Lal vs. State of Punjab and others (CWP-2371-2010, decided on 31.08.2010). +1 more

Court's answer

The respondents shall re-examine the matter and decide afresh, taking note of the submissions and the judgment(s) referred to, within a period of 4 months, uninfluenced by the orders impugned in the present case.

Ratio / Principle

If the petitioners are found entitled, the benefit shall be granted forthwith; if the orders are adverse to their interest, the same may be passed after granting opportunity of hearing to them and shall contain reasons.

Detailed headnote1 paragraphs

Old Pension Scheme — Parity — Petitioners sought OPS benefit in terms of this Court's judgment in Harbans Lal vs. State of Punjab and others (CWP-2371-2010, decided 31.08.2010), pointing out that similarly situated employees of the same department had been granted the benefit pursuant to orders dated 10.01.2018 and 06.02.2019 (Annexures P-12/P-13), implemented vide orders dated 29.08.2018 and 20.06.2019 (Annexures P-14/P-15), while their own claim stood rejected. During hearing, learned State counsel, on instructions, stated that the respondents shall re-examine the matter and decide afresh within four months, uninfluenced by the orders impugned. Held: respondents to re-examine and take a fresh decision within 4 months uninfluenced by the impugned orders; benefit to be granted forthwith if petitioners found entitled; any adverse order only after hearing, with reasons. Matter disposed of accordingly. (Aman Chaudhary, J.; oral; 18.03.2025)

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

233 CWP-8573-2020 (O & M) Date of decision: 18.03.2025

Chand Ra m and others ....Petitioners

Versus

State of Pu n jab and Others

...Respondents

CORAM: H ON’BLE MR. JUSTICE AMA N CHAUDHARY

Present : Mr. J.S.Mohri, Advocate, for the petitioners.

Mr. Swapan Shorey, DAG, Pu n jab.

AMAN CHAUDHARY, J. (ORAL)

Prayer made in the present petition is for directing the respondent s to grant the benefit of Old Pe n sion Scheme to the petitioners in terms of the judgment passed by this Court in Harbans Lal vs. State of Punjab and others , CWP-2371-2010, d e cided on 31.08.2010.

Learned counsel for the pet i tioners makes a reference to orders dat e d 10.01.2018 and 06.02.2019, Annexures P-12 and P-13, respectivel y , passed by this Court in t h e cases of similarly situated employees working in the same departme n t, which have also been duly implement e d vide order/letter dated 2 9.08.2018 and 20.06.2019, Annexures P-14 and P-15, while grantin g the benefit as sought by the petitioners w hile that of their has been reje c ted.

The aforesaid facts having b een brought out, during the course of h e aring, learned State counsel, o n instructions, states that the

PARVEEN KUMAR 2025.03.19 18:09 I attest to the accuracy and integrity of this order/judgment.

CWP-8573-2020 -2-

respondents shall re-examine the matter and decide afresh, taking note of the afore submissions and judgment(s), within a period of 4 months, uninfluenced by the orders impugned in the present case, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner.

The aforesaid satisfies the learned counsel for the petitioners.

The matter stands disposed of accordingly and if the petitioners are found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to their interest, the same may be passed after granting opportunity of hearing to them and shall contain reasons, whereupon they shall be free to seek legal redress thereupon.

18.03.2025

parveen kumar

(AMAN CHAUDHARY) JUDGE

Whether speaking/reasoned : Yes / No Whether reportable : Yes / No

PARVEEN KUMAR 2025.03.19 18:09 I attest to the accuracy and integrity of this order/judgment.