Big win for Haryana staff: High Court overrides NPS for workers with long past service
The Bench also rejected the state's argument that employees had given up their rights by signing regularisation or appointment forms acknowledging the New Pension Scheme.
- Jul 27, 2026,
- Updated Jul 27, 2026 2:39 PM IST
The Punjab and Haryana High Court has ruled that years of continuous service on a part-time, temporary or contractual basis cannot be ignored while calculating retirement benefits. In a decision granting Old Pension Scheme relief to hundreds of government workers, the court said pre-regularisation service must be counted as qualifying service for pension, and that delayed regularisation cannot deprive employees of their pensionary rights.
Disposing of a batch of 95 writ petitions through a single judgment, Justice Harpreet Singh Brar divided the cases into two groups. The first covered employees appointed on a part-time, temporary or contractual basis before January 1, 2006, whose services were regularised after the New Pension Scheme came into force. The second covered employees eligible under the Haryana Government's Office Memorandum dated May 8, 2023, who had been appointed against posts advertised before the rollout of the New Pension Scheme.
Appearing for petitioners in one of the matters, advocate Himanshu Malik argued that pre-regularisation service could not be left out while computing pensionary entitlements. He relied on legal precedents relating to qualifying service and state policy frameworks.
The state argued that the Punjab Civil Services Rules specifically excluded part-time service from pension eligibility. The court rejected this contention and referred to the Division Bench ruling in State of Haryana versus Jai Bhagwan.
Justice Brar observed that although the Supreme Court had dismissed the State's Special Leave Petition and kept the question of law open, the Division Bench judgment continued to hold the field and remained binding on the High Court unless it was overruled by a larger Bench.
Referring to the effect of the policy on employees, Justice Brar cited the case of a petitioner who had served without interruption on a part-time basis from February 15, 2002, until regularisation on May 16, 2016, a period of more than a decade.
The Bench also rejected the state's argument that employees had given up their rights by signing regularisation or appointment forms acknowledging the New Pension Scheme. On the principle governing the first category, the court said, "The petitioners falling under Category I were entitled to have the service rendered by them on a part-time, contractual or temporary basis prior to their regularisation reckoned as qualifying service for the purpose of pensionary benefits."
It further said, "Once such past service is taken into account, the respondents cannot deny them the benefit of the Old Pension Scheme merely on the ground that their regularisation took place after the introduction of the New Pension Scheme."
The High Court quashed all impugned orders denying Old Pension Scheme benefits to the petitioners. For Category I petitioners, it directed the respondents to count past service rendered on a part-time, temporary or contractual basis before regularisation as qualifying service for pension, and to fix and release consequential pensionary and retiral benefits under the Old Pension Scheme, along with arrears, within six weeks of receiving a certified copy of the order.
For Category II petitioners, the court held that they were entitled to the benefits of the May 8, 2023 Office Memorandum. These employees have been directed to exercise their option to switch to the Old Pension Scheme within six weeks of receiving the certified copy, after which the respondents must process their claims and release pensionary benefits along with arrears within a further six weeks.
With the ruling, the court has held that service rendered before regularisation must be recognised for pension purposes in the cases before it, while also setting timelines for the state to extend Old Pension Scheme benefits and release arrears to the two categories of petitioners.
The Punjab and Haryana High Court has ruled that years of continuous service on a part-time, temporary or contractual basis cannot be ignored while calculating retirement benefits. In a decision granting Old Pension Scheme relief to hundreds of government workers, the court said pre-regularisation service must be counted as qualifying service for pension, and that delayed regularisation cannot deprive employees of their pensionary rights.
Disposing of a batch of 95 writ petitions through a single judgment, Justice Harpreet Singh Brar divided the cases into two groups. The first covered employees appointed on a part-time, temporary or contractual basis before January 1, 2006, whose services were regularised after the New Pension Scheme came into force. The second covered employees eligible under the Haryana Government's Office Memorandum dated May 8, 2023, who had been appointed against posts advertised before the rollout of the New Pension Scheme.
Appearing for petitioners in one of the matters, advocate Himanshu Malik argued that pre-regularisation service could not be left out while computing pensionary entitlements. He relied on legal precedents relating to qualifying service and state policy frameworks.
The state argued that the Punjab Civil Services Rules specifically excluded part-time service from pension eligibility. The court rejected this contention and referred to the Division Bench ruling in State of Haryana versus Jai Bhagwan.
Justice Brar observed that although the Supreme Court had dismissed the State's Special Leave Petition and kept the question of law open, the Division Bench judgment continued to hold the field and remained binding on the High Court unless it was overruled by a larger Bench.
Referring to the effect of the policy on employees, Justice Brar cited the case of a petitioner who had served without interruption on a part-time basis from February 15, 2002, until regularisation on May 16, 2016, a period of more than a decade.
The Bench also rejected the state's argument that employees had given up their rights by signing regularisation or appointment forms acknowledging the New Pension Scheme. On the principle governing the first category, the court said, "The petitioners falling under Category I were entitled to have the service rendered by them on a part-time, contractual or temporary basis prior to their regularisation reckoned as qualifying service for the purpose of pensionary benefits."
It further said, "Once such past service is taken into account, the respondents cannot deny them the benefit of the Old Pension Scheme merely on the ground that their regularisation took place after the introduction of the New Pension Scheme."
The High Court quashed all impugned orders denying Old Pension Scheme benefits to the petitioners. For Category I petitioners, it directed the respondents to count past service rendered on a part-time, temporary or contractual basis before regularisation as qualifying service for pension, and to fix and release consequential pensionary and retiral benefits under the Old Pension Scheme, along with arrears, within six weeks of receiving a certified copy of the order.
For Category II petitioners, the court held that they were entitled to the benefits of the May 8, 2023 Office Memorandum. These employees have been directed to exercise their option to switch to the Old Pension Scheme within six weeks of receiving the certified copy, after which the respondents must process their claims and release pensionary benefits along with arrears within a further six weeks.
With the ruling, the court has held that service rendered before regularisation must be recognised for pension purposes in the cases before it, while also setting timelines for the state to extend Old Pension Scheme benefits and release arrears to the two categories of petitioners.