983 And Treating His Entire Period ... vs Gpf Under The Old Rules Instead Of ...
2021 Latest Caselaw 95 Ori

                          W.P.(C) No.37464 of 2020




2.   05.01.2021         This   matter    is   taken    up    through     Video
                  Conferencing.
                        Heard learned counsel for the parties.
                        This Writ Petition is filed with the following prayer:
                           " Direct the opp. parties to grant pension and
                           pensionary benefits under the old pension
                           scheme OCS (Pension) Rules, 1992 taking into
                           consideration his initial date of appointment
                           1.10.1983 and treating his entire period of
                           service alongwith regular service as qualifying
                           service for pensionary benefits and thereby
                           allow the petitioner to avail the benefits of
                           GPF under the old Rules instead of NPS in the
                           light of the judgment of the Hon'ble Supreme
                           Court in Civil Appeal No.6798 of 2019; Prem
                           Singh vrs. State of U.P. and decision held by
                           the Punjab and Haryana High Court in
                           Harbans Lal Vrs. The State of Punjab and
                           others (CWP No.2371 of 2010, decided on
                           31.08.2010) which has been affirmed in SLP
                           (c) No.23578 of 2012 (SLP(C)..CC No.17901 of
                           2011) disposed of on 30.07.2012 and Jeewan
                           Lata vrs. State of Punjab and others, CWP
                           No.10238 of 2017 (O&M) decided on
                           10.05.2019 with all consequential benefits;"

                        Looking to the limited request involved herein and
                  taking into consideration the decision vide Annexure-6,
                  views involved therein is stated to have been confirmed by
                  the Hon'ble Supreme Court. This Court in disposal of the
                  Writ Petition directs the opposite parties to take decision
                  on the issue involved herein by treating the writ petition
                  as representation at the instance of the petitioner,
                  considering the grounds and further taking into account
                  the applicability of the decisions referred to therein at
                  page-23 to 43. The entire exercise shall be completed as
                         2




expeditiously as possible, preferable within a period of
two months from the date of communication of a copy of
this order, copy of the writ petition so also the decisions
relied on by the petitioner.
      Petitioner may utilize the soft copy of this order
available in the High Court's website or print out thereof
at par with certified copy in the manner prescribed, vide
Court's Notification No.4587 dated 25.3.2020.


                               ..............................
                               Biswanath Rath, J.