Desh Raj vs . State & Ors.
2023 Latest Caselaw 13365 HP

Desh Raj Vs. State & Ors.

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Ex. Pet. No. 192/2023

12.09.2023 Present: Mr. Surinder Prakash Sharma, Advocate, for the petitioner.

Mr. Anup Rattan, Advocate General with Mr. Rupinder Singh, Mr. Y.P.S. Dhaulta, Mr. Varun Chandel, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General and Mr. Rajat Chauhan, Law Officer,

for respondents/State.

Mr. Rangeel Singh, Advocate, for respondent No.5.

Civil Writ Petition No.347/2021 instituted by the

petitioner was disposed of with the following direction:-

"........ It is the date of appointment, which is relevant for determining the eligibility for the applicability of CCS

(Pension) Rules. The petitioner was appointed on 07.05.2003 i.e. prior to the cutoff date of 15.05.2003 indicated in the notification dated 17.08.2006 promulgating

the Himachal Pradesh Civil Services Contributory Pension

Rules, 2006. Hence, there is no escape from concluding that the petitioner is governed by the CCS (Pension) Rules 1972. He has superannuated on 31.05.2018. He is

certainly entitled for pension in accordance with Old Pension Scheme. Accordingly, the instant petition is allowed. Respondents are directed to release due and admissible pension to the petitioner in terms of Old Pension Scheme applicable prior to coming into force of the Himachal Pradesh Civil Services Contributory Pension Rules, 2006. The respondents are directed to complete the entire exercise within a period of six weeks from today. Pending miscellaneous applications, if any, shall also stand disposed of."

In the above direction, respondents were

directed to release due and admissible pension to the

petitioner in terms of Old Pension Scheme applicable prior to

coming into force of the Himachal Pradesh Civil Services

Contributory Pension Rules, 2006. Further direction was

issued to the respondents to complete the entire exercise

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within a period of six weeks from the date of pronouncement

of the judgment i.e. 15.06.2022.

2. More than a year has gone by, the judgment still

remains unimplemented. Though learned Additional Advocate

General on 29.08.2023 had submitted that the judgment

would be implemented within a week. However today,

instructions dated 11.09.2023 issued by the Director of

Elementary Education Himachal Pradesh were placed on

record. Relevant portion of which reads as under:-

"In this regard, it is humbly submitted that the Government has issued instructions/Standard Operating Procedure to implement the Old Pension Scheme also known as the

Central Civil Services (Pension) Rules, 1972, for existing/retired employees who are/were covered under

the National Pension System vide office Memorandum No.Fin(Pen)A(3)-1/2023 dated 4th May, 2023. It is further

submitted that the petitioner has to give option for the old pension scheme within stipulated time period. Therefore, the present petition filed by the petitioner has been rendered infructuous."

3. Petitioner is to be given benefit of the judgment,

which apparently has attained finality. No option is required to

be taken from the petitioner in the given facts of the case,

when the writ petition instituted by him was allowed on merits.

In this view of the matter, learned Additional Advocate

General seeks 10 days further time to implement the

judgment in letter and spirit.

List on 29.09.2023. It is made clear that in case the

judgment in question is not implemented by the next date,

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appropriate order shall be passed in the matter.

                                               Jyotsna Rewal Dua
       th
     12 September, 2023                             Judge
            (rohit)




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