__________________________________________________________ vs State Of H.P & Others
2021 Latest Caselaw 1380 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.3218 of 2020

.

Date of Decision: 26.02.2021

__________________________________________________________ Rattan Chand .......Petitioner

Versus State of H.P & others. ... Respondents. __________________________________________________________ Coram:

Hon'ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? 1 For the Petitioner: Mr. A.K.Gupta, Advocate. For the Respondents: Mr. Sudhir Bhatnagar and Mr. Arvind

Sharma, Additional Advocate Generals,

with Mr. Kunal Thakur, Deputy Advocate General, for respondents No.1 to 4.

___________________________________________________________

Sandeep Sharma, Judge(oral):

By way of instant petition, petitioner has prayed for

following reliefs:-

"The order Annexure P-2 may be quashed and set - aside and the respondents may be ordered to pay

gratuity to the petitioner with the entire benefits incidental thereof."

2. While placing on record Office Memorandum No.

Fin(Pen)A(3)-1/2019, dated 8th January, 2021, issued under the

signature of Additional Chief Secretary (Finance) to the

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

Government of Himachal Pradesh, learned counsel representing

the petitioner contends that since State Government has now

decided to apply the instructions contained in Office

.

Memorandum No. Fin(Pen)A(3)-1/96,dated 18th September, 2017

retrospectively with effect from 15.05.2003 to regular employees

governed by New Defined Contributory Pension Scheme i.e. New

Pension Scheme, necessary directions may be issued to the

appropriate authority to consider and decide the case of the

petitioner in the light of aforesaid Office Memorandum.

3. Careful perusal of aforesaid Office Memorandum

reveals that earlier benefit of retirement gratuity and death

gratuity was extended to regular Government employees

appointed on or after 15.05.2003 vide Office Memorandum No

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

effect i.e. from the date of publication of said instructions in the

Rajpatra. Now, vide aforesaid Office Memorandum dated 8.1.2021,

Government has decided to apply aforesaid instructions

retrospectively with effect from15.5.2003 to all the regular

employees governed under New Defined Contributory Pension

Scheme i.e. New Pension Scheme. Hence, petitioner has

approached this Court in the instant proceedings, praying therein

for the relief as reproduced hereinabove.

.

4. Having carefully perused the aforesaid Office

Memorandum, learned Additional Advocate General is not averse

to the aforesaid request having been made by learned counsel for

the petitioner and as such, this Court sees no impediment in

accepting the aforesaid innocuous prayer.

5.

Consequently, in view of the above, the present

petition is disposed of with a direction to the respondents to

consider and decide the case of the petitioner in the light of the

Office Memorandum dated 8th January, 2021, as taken note above

expeditiously, preferably within period of four weeks. Pending

application(s), if any, also stands disposed of.

(Sandeep Sharma),

Judge 26th February, 2021 (shankar)