Compassionate Appointee Who Applied In 2005 Can Be Considered For Old Pension Despite Joining In 2006: P&H HC

The petitioner’s father, a government employee, died in harness on 17 May 2005.

The petitioner applied for compassionate appointment in May/June 2005, and the Department forwarded his application in July 2005.

Approval was granted on 21 July 2006; he was appointed as a Mali and joined on 11 August 2006, after the New Pension Scheme (NPS) took effect on 1 January 2006.

The Department rejected his claim for coverage under the Old Pension Scheme (OPS).

The Court applied the Finance Department, Government of Haryana, Office Memorandum dated 8 May 2023, which provides for an option for OPS coverage.

As applied by the Court, a later formal appointment or joining date does not, by itself, defeat an employee’s claim for consideration under the Office Memorandum where the compassionate-appointment process was initiated before the relevant date and the delay was attributable to the Department.

The Court also referred to Suresh Kumar v. State of Haryana and others, CWP-10970-2025 and connected cases, decided 24 August 2026, as a decision relied on by the petitioner.

The petitioner’s father died and the petitioner applied for compassionate appointment before the NPS took effect.

The Department processed the application and granted approval in July 2006; the later appointment letter and joining were consequential steps delayed by administrative and procedural matters, rather than by the petitioner.

Applying Om Prakash and Satpal Singh, the Court held that the joining date alone could not bar consideration under the 8 May 2023 Office Memorandum.

It found no distinguishing circumstance in the State’s submissions warranting a different result.

The petitioner was directed to exercise the requisite OPS option within six weeks of receiving a certified copy of the order; the respondents must then consider and process his claim and extend admissible consequential benefits within a further six weeks, in accordance with law.

Amounts already contributed or accumulated under the NPS are to be adjusted under the applicable rules and instructions.