Ishwar Dass vs State Of H.P And Others
2021 Latest Caselaw 3710 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 3176 of 2014 Reserved on: 3.8.2021

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                                                       Decided on : 6.8.2021





    Ishwar Dass                                                                  Petitioner.
                                              Versus





    State of H.P and others                                                     Respondents.
    Coram:

Hon'ble Mr. Justice Sureshwar Thakur, Judge.

Whether approved for reporting?1

For the petitioners:r Mr. Vijay Bhatia, Advocate.

For the respondents: Mr. Hemant Vaid, Addl.A.G with Mr.

Vikrant Chandel and Mr. Gaurav Sharma, Dy.A.Gs.

Sureshwar Thakur, Judge

The petitioner superannuated as a Sweeper from

Baba Balak Nath Temple Trust, Deotsidh. His superannuation

occurred on 30.9.2013. Since, the respondents denied to the

petitioner, the pensionary benefits as become claimed by him

under CCS (Pension) Rules, 1972, hence, the petitioner is

constrained to institute the instant writ petition before this

Court.

2. Obviously, in the instant writ petition, he claims for

the making of a mandamus upon the respondents, to,

Whether reporters of the local papers may be allowed to see the judgment?

determine his pension, in accordance with the CCS (Pension)

Rules 1972. However, the denial to the petitioner, of his claim

for pension under CCS (Pension) Rules, 1972, is merit-worthy.

.

3. The reasons for the afore conclusion becomes

drawn from a valid contention made in the reply, duly

supported by an affidavit sworn by a responsible functionary

of the employer, wherein it has been echoed, that CCS

(Pension) Rules 1972, are not applicable to the petitioner,

rather the legally available pension in accordance with the

Employees Provident Fund Scheme and Miscellaneous

Provisions Act, 1952, is being disbursed to him.

4. Be that as it may, in the reply furnished to the writ

petition, the respondents also contended, that the temple

trust has framed its own Employees (Terms & Employment) and

working condition Rules 1991, and, which become

subsequently repealed, and, were replaced by new service

Rules nomenclatured as Employees Service Rules, 2001.

5. Since the constitution of Baba Balak Nath Trust is

through a statue nomenclatured as the Hindu Public Religious

Institutions and Charitable Endowment Act, 1984, and,

wherethrough the afore in vogue rules became enacted, and,

obviously are now applicable, vis-à-vis, the writ claim,

thereupon the in vogue Rules of 2001, hence regulate the

service condition of the petitioner, and, also do completely

.

cover the writ claim besides obviously oust the clout and sway

of the applicability of the CCS (Pension) Rules, vis-à-vis, the

petitioner.

6. Cumulatively, since the retiral benefits to the writ

petitioner are purveyed to him through the Rules of 2001, and

also when pension is being disbursed to him, by Employees

Provident Fund Organization, Regional Office, Shimla under

the Employees Provident Fund and Miscellaneous Provisions

Act, 1952, thereupon the writ claim in so far as it echoes, that

the pensionary benefits vis-à-vis the writ petitioner are covered

by the CCS (Pension) Rules, 1972 becomes squarely and pin

pointedly ousted.

In view of the above, there is no merit in the

petition, and, the same is accordingly dismissed alongwith all

pending applications.

    6th August, 2021                               ( Sureshwar Thakur),
    (priti)                                           Judge.