Sh. Roshan Lal vs State Of Hp And Others
2021 Latest Caselaw 1379 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.3541 of 2020 Decided on: 26.2.2021

.

    Sh. Roshan Lal                                                       ...Petitioner.

                      Versus





    State of HP and others                     .....Respondents

______________________________________________________

Coram

The Hon'ble Mr. Justice Vivek Singh Thakur

Whether approved for reporting?1

For the appellant. : M/s. Ashwani K. Gupta & Reetu Thakur, Advocates.

For respondents : Mr. R.P. Singh, Deputy Advocate General

for respondents No. 1 to 4.

Mr. Tara Chand Chauhan, CGC, for

respondent No.5.

Vivek Singh Thakur, J. (Oral).

Present petition has been filed seeking direction to

respondents to pay amount of gratuity to the petitioner in terms of

Office Memorandum Fin(Pen)A(3)-1/96, dated 18th September, 2017,

alongwith incidental benefits.

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

2. Office memorandum No. Fin(Pen)A(3)-1/2019 dated 8th

January, 2021 issued by Finance (Pension) Department of

.

Government of Himachal Pradesh has been placed on record by

learned counsel for the petitioner, whereby State Government, in

partial modification of Para-5 of Office Memorandum No.

Fin(Pen)A(3)-1/96, dated 18th September, 2017, has decided that these

instructions shall be applicable retrospectively w.e.f. 15.5.2003 to

regular employees governed by New Defined Contributory Pension

Scheme i.e. New Pension Scheme and has decided to withdraw the

clarification, issued earlier, on the subject matter, vide letter No.

Fin(Pen)A(3)-1/2019 dated 15th October, 2019.

3. Learned counsel for the petitioner submits that petitioner

would be contended in case respondents are directed to consider and

decide the case of the petitioner in time bound manner in the light of

aforesaid Office Memorandum No. Fin(Pen)A(3)-1/2019, dated

8.1.2021.

4. Considering the submission of learned counsel for the

petitioner, the present petition is disposed of with direction to

respondents, particularly respondent No.3 to consider the case of the

petitioner, as prayed, in the light of Office Memorandum dated

8.1.2021 referred supra, and decide the same on or before 16.4.2021

by passing a speaking and well reasoned order after giving

opportunity of hearing, if desired so.

.

5. Pending miscellaneous applications, if any, also stand

disposed of.

                                                   (Vivek Singh Thakur)
                                                         Judge
    26th February, 2021
      (Guleria)


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