Som Nath v. State of Punjab and Another

Punjab & Haryana HC9 Mar 2026CWP/6959/2026

Case brief

AI extract

What is this about?

Old Pension Scheme; OPS; compassionate appointment; death in harness 30.11.2003; Constable appointment 12.10.2004; 01.01.2004 cut-off; DGP Punjab circular 07.01.2025; Punjab Civil Service Rules amendment notification 22.05.2025; Articles 226/227 Constitution of India; CWP-6959-2026; Jagmohan Bansal; disposed of on State undertaking to consider claim within three months; pending applications disposed.

What did the court decide?

No direct relief granted. Petition disposed of on the strength of the State counsel's statement (accepted by petitioner's counsel) that the competent authority would consider the petitioner's OPS claim and pass an appropriate order within three months; pending application(s), if any, also disposed of. ¶¶17

Som Nath Vs State of Punjab and Another — Writ and Judicial Review | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, appointed as Constable on compassionate grounds on 12.10.2004 (i.e., after the 01.01.2004 cut-off), is entitled to the benefit of the Old Pension Scheme (OPS) under the amended Punjab Civil Service Rules notwithstanding that his application was submitted on 07.01.2004.

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Court's answer

The court recorded that the petitioner fulfilled the eligibility criteria contemplated by the amended rules (notification dated 22.05.2025) and is entitled to OPS; however, the operative order did not adjudicate or grant this entitlement, deferring consideration to the competent authority.

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Ratio / Principle

Upon the statement of learned State counsel that the competent authority would consider the petitioner's claim and pass an appropriate order within three months, and with learned counsel for the petitioner agreeing to that arrangement, the petition stands disposed of.

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Key takeaways

Pending application(s), if any, also stand disposed of.ratio¶¶20

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Jagmohan Bansal, J., oral) — CWP-6959-2026, decided 09.03.2026: Petitioner, appointed Constable on compassionate grounds on 12.10.2004 after his father's death in harness on 30.11.2003, sought the benefit of the Old Pension Scheme under Articles 226/227 of the Constitution. The DGP, Punjab circular dated 07.01.2025 confines OPS to requests received prior to 01.01.2004, while the State's amendment to the Punjab Civil Service Rules vide notification dated 22.05.2025 extends OPS to employees appointed on compassionate grounds on or after 01.01.2004 whose request predates that date and who had fulfilled the eligibility criteria before it. The court recorded that the petitioner fulfilled the eligibility criteria and is entitled to OPS; the State counsel thereupon undertook that the competent authority would consider the claim and pass an appropriate order within three months, the petitioner's counsel concurred, and the petition — along with pending application(s), if any — stood disposed of without any coercive direction.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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113 CWP-6959-2026 Date of Decision: 09.03.2026

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SOM NATH ...Petitioner

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Vs.

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STATE OF PUNJAB AND ANR. …Respondents

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CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL

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Present:Mr. B.S. Sidhu, Advocate for the petitioner

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Mr. Aman Dhir, Deputy Advocate General, Punjab ***

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JAGMOHAN BANSAL, J. (ORAL)

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The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to grant him benefit of Old Pension Scheme (for short ‘OPS’) as applicable to employees who joined service prior to 01.01.2004.

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The petitioner’s father passed away on 30.11.2003 while performing official duty. His family requested respondent to rehabilitate their family as per applicable policy. They requested for compassionate appointment, however, matter remained pending. The State Government imposed ban on compassionate appointment vide letter dated 13.05.2002. The petitioner submitted application for compassionate appointment on 07.01.2004. The State Government lifted ban on compassionate appointment on 31.12.2003. The respondent processed his application and appointed him as Constable on 12.10.2004. Director General of

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DEEPAK BISSYAN 2026.03.09 12:12 I attest to the accuracy and integrity of this document

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CWP-6959-2026

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Police, Punjab issued circular dated 07.01.2025 clarifying that OPS is applicable where request was received prior to 01.01.2004. The State Government made amendment in Punjab Civil Service Rules vide notification dated 22.05.2025 providing that employees who have been appointed on compassionate ground on or after 01.01.2004 but their request was received before 01.01.2004, would be entitled to OPS provided concerned legal heir had fulfilled eligibility criteria before 01.01.2004. The petitioner fulfilled eligibility criteria, thus, is entitled to OPS.

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Learned State counsel submits that competent authority would consider claim of petitioner and pass an appropriate order within three months from today.

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