Himachal Pradesh High Court
Khem Raj vs State Of H.P. & Ors on 8 August, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.2376 of 2022 Decided on: 8th August, 2023 _________________________________________________________________ .
Khem Raj ....Petitioner
Versus
State of H.P. & Ors. ...Respondents
_________________________________________________________________ Coram of Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting?
_________________________________________________________________ For the petitioner:
rt Mr. Devender Sharma, Advocate.
For the respondents: For the respondents: Mr. Anup Rattan, Advocate General with Mr. Y.P.S.Dhaulta & Mr. Varun Chandel, Additional Advocates General, Mr. Sumit Sharma, Deputy Advocate General, for respondents No. 1 to 3.
Mr. Nand Lal Thakur, Sr. Panel Counsel for respondent No.4.
__________________________________________________________________ Jyotsna Rewal Dua, Judge This writ petition has been filed for the grant of following substantive reliefs:-
(i) Issue a writ of Certiorari, Mandamus or other appropriate writ or direction for quashing the impugned order dated 26.07.2021 (Annexure P-7) for all intents and purposes.1
Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 09/08/2023 20:37:31 :::CIS -2-(ii) Issue a writ of Mandamus or other appropriate writ or direction to the respondents department to treat the service of the Petitioner under old rules i.e. CCS Pension .
Rules, as well as GPF Rules for all intents and purposes.
(iii) Issue a writ of Mandamus or other appropriate writ or direction to the respondents department to release the pension as well as gratuity, General Provident Funds(GPF) amount in favour of the Petitioner along with 12% interest within time bound manner."
of
2. During pendency of the petition, certain developments took place, pursuant to which, the respondents rt have placed on record instructions memo dated 22.06.2023, stating therein as under:-
"2. That the petitioner was appointed to the rank of Forest Guard on 31.10.2003 and joined the Forest Department of Himachal Pradesh in the office of DFO Theog on 01.11.2003. since the petitioner was not covered under the Old Pension Scheme and his pension case was rejected by the respondent No.4.
3. That the Government of Himachal Pradesh vide Notification No.Fin (Pen)A(3)-1/2023 dated 04.05.2023 has introduced new policy for providing of Old Pension Scheme to the officials appointed after 15.05.2023 and the petitioner has submitted the "Option to cover under CCS (Pension) Rules, 1972 (OPS) (copy enclosed), hence, his afresh case is being sent to respondent No.4 for authorizing necessary pensionary benefits under the CCS (Pension) rules, 1972. It is, therefore, requested to kindly apprise Hon'ble High Court accordingly."
::: Downloaded on - 09/08/2023 20:37:31 :::CIS -3-3. In the above instructions, the respondents brought out that the Government of Himachal Pradesh had introduced new policy on 04.05.2023 for providing Old .
Pension Scheme to the officials appointed after 15.05.2023 and the petitioner has submitted his option to be covered under CCS (Pension) Rules, 1972 (OPS). Hence, his case had been sent to respondent No.4-Accountant General for of authorizing release of necessary pensionary benefits under CCS (Pension) Rules. Alongwith the instruction memo, a copy rt of office letter dated 28.06.2023 was also appended. This communication was addressed by the Divisional Forest Officer, Shimla Forest Division to the Accountant General (A&E), Himachal Pradesh, authorizing pension and DCRG in favour of the petitioner w.e.f. 01.01.2021.
4. During the course of hearing today, learned Additional Advocate General has placed on record another instruction memo dated 05.08.2023, indicating therein that as per the request of the petitioner, his GPF was retained vide office order dated 05.06.2021.
5. In view of above developments, learned counsel for the petitioner prayed that all retiral benefits due and ::: Downloaded on - 09/08/2023 20:37:31 :::CIS -4- admissible to the petitioner, including his pension, DCRG and deducted GPF be directed to be released in his favour within a time bound schedule.
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In view of the facts as they have come on record and keeping in view the latest instructions placed on record by the respondents, this writ petition is disposed of with a direction to the respondents to release all retiral benefits due of and admissible to the petitioner within a period of four weeks from today. In case due and admissible retiral benefits are rt not released in favour of the petitioner within the aforesaid time, then the respondents shall be liable to pay interest @ 9% per annum on the due sum till the actual payment.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua Judge August 8, 2023 R.Atal ::: Downloaded on - 09/08/2023 20:37:31 :::CIS