Himachal Pradesh High Court
Paramjeet Singh vs State Of H.P. & Others on 9 March, 2021
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPOA No.6594 of 2020 a/w
.
CWPOA Nos.2577, 2603,2636
and 3540 of 2020
Decided on: 09.03.2021
CWPOA No.6594 of 2020
Paramjeet Singh ....Petitioner.
Versus
State of H.P. & others ...Respondents.
CWP No.2577 of 2020
Smt. Trishla Devi ....Petitioner.
Versus
State of H.P. & others ...Respondents.
CWP No.2603 of 2020
Smt. Raj Kumari ....Petitioner.
Versus
State of H.P. & others ...Respondents.
CWP No.2636 of 2020
Jagdish Chand ....Petitioner.
Versus
State of H.P. & others ...Respondents.
CWP No.3540 of 2020
Hem Chand ....Petitioner.
Versus
State of H.P. & others ...Respondents.
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 Yes
For the petitioners : Mr. A.K. Gupta, Advocate, in all the
respective petitions.
For the respondents : Mr. Sumesh Raj, Mr. Dinesh Thakur,
Mr. Sanjeev Sood, Additional
1
Whether reporters of the local papers may be allowed to see the judgment?
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2
Advocates General, with Ms. Divya
Sood, Mr. K.K. Chaudhary, Deputy
Advocates General, for the
.
respondents-State in all the respective
petitions.
Mr. T.C. Chauhan, Advocate, for
respondent No.5 in CWP No.2603 of
2020.
Mr. Sudhir Thakur, Senior Advocate,
with Mr. Karun Negi, Advocate, for
respondent No.5 in CWPOA Nos. 2577
of 2020 and for respondent No.5 in
CWP No.2636 of 2020.
Mr. Balram Sharma, Assistant
Solicitor General of India, for
r respondent No.4 in CWPOA No.6594
of 2020 and for respondent No.4 in
CWP No.3540 of 2020.
Mr. Vinod Thakur, Advocate, for
respondent No.5 in CWPOA No.6594
of 2020.
Ajay Mohan Goel, Judge (Oral)
As common issues of law and fact are involved in
all these petitions, the same are being disposed by a common
judgment.
2. Petitioner(s) before this Court are employees of the
Government of Himachal Pradesh, who superannuated from
service on or after 15.05.2003. The Finance Pension
Department of the Government of Himachal Pradesh, vide
Office Memorandum dated 18.09.2017, on the subject
"Extension of benefits of 'Retirement Gratuity and Death
Gratuity' to the Himachal Pradesh Government employees
.
covered by New Defined Contributory Pension Scheme (known
as NPS), issued instructions to the effect that employees of
Government of Himachal Pradesh, who joined service in
government departments on regular basis on or after
15.03.2003, are covered by the non-defined Contributory
Pension Scheme, notified by the State Government, vide
Notification No. Fin (Pen) A (3)-1/96, dated 17.08.2006
readwith Notification No.Fin (Pen) A (3) 1/96 dated 15.5.2003.
However, this Office Memorandum was to take effect from the
date of publication in the 'Rajpatra'. The grievance of the
petitioners is that as they stood retired before the publication
of the said Office Memorandum in the 'Rajpatra', the benefit of
this Office Memorandum has not been granted to them. It is
in this background that they approached this Court inter alia
praying for the reliefs that the respondents be directed to pay
gratuity to the petitioners also.
3. During the pendency of these petitions, the
Finance Pension Department of the Government of Himachal
Pradesh has issued another Office Memorandum dated
08.01.2021, which reads as under:-
.
"Subject:- Extension of benefits of 'Retirement
Gratuity and Death Gratuity' to the Himachal
Pradesh Government employees covered by New
Defined Contributory Pension Scheme (known as
NPS).
1. The undersigned is directed to say that the
benefit of Retiral Gratuity and Death Gratuity was
extended to regular Government employees
appointed on or after 15.05.2003 and governed by
the New Defined Contributory Pension Scheme
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. The instructions dated 18th
September, 2017 above, were published in the
Govt. Rajpatra on 22.9.2017, therefore, these
instructions were applicable w.e.f. 22.9.2017.
2. The matter for grant of benefit of Retirement
Gratuity and Death Gratuity to regular Govt.
employees who were/are covered under New
Pension Scheme (NPS) and who have retired/died
in harness between the period w.e.f. 15.05.2003 to
21.09.2017 was under active consideration of the
Government for some time past.
3. Now, after careful consideration of the matter,
the 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. 15.05.2003 to regular
employees governed by New Defined Contributory
Pension Scheme (i.e. New Pension Scheme).
4. The clarification, earlier, issued on the subject
matter vide this department letter No. Fin (Pen) A
(3)-1/2019 dated 15th October, 2019 shall stand
withdrawn from the date of its issuance".
4. On the previous dates of hearing, learned counsel
for the petitioners submitted that in view of said Office
Memorandum, dated 08.01.2021, the cases of the petitioners
were now squarely covered therein as the Scheme in issue has
been made applicable retrospectively w.e.f. 15.05.2003 and
accordingly, a prayer was made by the learned counsel that
respondents-State be directed to consider the case of the
petitioners in terms of Office Memorandum, dated 08.01.2021.
5. In this back ground, this Court had directed
learned Additional Advocate General to have specific
instructions as to whether the cases of the petitioners were
covered in terms of Office Memorandum, dated 08.01.2021 or
not.
.
6. Today, learned Additional Advocate General, on
instructions, informed the Court that on account of
retrospective applicability of the New Defined Contributory
Pension Scheme, the cases of the petitioners are covered
under it and they shall also be given benefit of the same, but
for said purpose they will have to come through proper
channel by making applications through their respective
parent departments.
7. In view of the statement so made before the Court
by learned Additional Advocate General, all these petitions
are disposed of with the direction that the petitioners shall
make appropriate applications for grant of benefit of due
defined Contributory Pension Scheme through their parent
department within a period of four weeks from today and the
same shall be processed by the department concerned and
appropriate relief as is admissible to the petitioners shall be
granted to them within a period of eight weeks as from the
date of receipt of their respective applications.
8. With these observations, all these petitions are
disposed of, so also pending miscellaneous applications, if any.
.
(Ajay Mohan Goel)
Judge
March 09,2021
(Rishi)
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