Retired Haryana Maths Master Can Opt For Old Pension Scheme Because 2006 Re-Ad Preserved 2005 Applicants’ Eligibility: P&H HC

In brief

The question

Whether the petitioner, whose application was made under an advertisement issued before 28.10.2005 but who was appointed after a subsequent re-advertisement, was entitled to the benefit of the Office Memorandum dated 08.05.2023 and the Old Pension Scheme.

The court held

The petition was allowed. The petitioner was held entitled to the benefit of the Office Memorandum dated 08.05.2023 and permitted to exercise his option to switch to the Old Pension Scheme within six weeks of receiving a certified copy of the order.

It also directed

The respondents must process the claim and re-fix or release the consequential pensionary and retiral benefits, including arrears, within a further six weeks after receiving the option. Amounts already contributed or paid under the New Pension Scheme are to be adjusted in accordance with law.

01Facts

The petitioner applied for the post of Maths Master under Advertisement No. 1/2005, dated 01.07.2005.

After that recruitment was withdrawn, the posts were re-advertised under Advertisement No. 6/2006. Note 3 to the later advertisement preserved the eligibility of candidates who had applied under the earlier advertisement, with eligibility—including age and qualifications—to be assessed as on 01.07.2005.

¶ 3

The petitioner was selected and appointed in 2008, joined service on 11.11.2008, and retired on 31.03.2021.

¶ 2

He sought coverage under the Old Pension Scheme under the Office Memorandum dated 08.05.2023, relying on *Om Parkash v. State of Haryana and Others*, decided on 09.07.2026.

¶ 1–2

02Issues

i.Whether the petitioner, whose application was made under an advertisement issued before 28.10.2005 but who was appointed after a subsequent re-advertisement, was entitled to the benefit of the Office Memorandum dated 08.05.2023 and the Old Pension Scheme.

¶ 3–5

ii.Whether the petitioner could be permitted to exercise an option to switch from the New Pension Scheme to the Old Pension Scheme after retirement.

¶ 1, 5

03Law Applied

The Office Memorandum dated 08.05.2023 provides for consideration under the Haryana Civil Services (Pension) Rules, 2016, in place of the New Defined Contributory Pension Scheme for employees recruited against posts or vacancies advertised or notified on or before 28.10.2005.

¶ 2

In *Om Parkash v. State of Haryana and Others* (09.07.2026), the Court held that where a recruitment process began under an advertisement issued before 28.10.2005 and a later advertisement continued that process, the employees concerned could claim the benefit of the Office Memorandum.

¶ 4

04Reasoning

The petitioner had applied under the 2005 advertisement, and Note 3 to the 2006 re-advertisement preserved the eligibility of candidates from the earlier recruitment. The Court therefore treated the later advertisement as a continuation of the recruitment process commenced before 28.10.2005.

¶ 3–5

Applying *Om Parkash*, it held that the petitioner’s case fell within the Office Memorandum’s scope, notwithstanding his later appointment and retirement before the Memorandum was issued.

¶ 3–5