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"i. to quash and set aside the impugned order Annexure P-4, dated 9th August, 2011, passed by .
respondent No.1, thereby directing the respondents to continue the contribution of petitioner towards GPF account No. Med-16543, which was allotted to the petitioner.
ii. to hold that the Contributory Pension Scheme i.e. Himachal Pradesh Civil Services Contribution Pension Rules, 2006 is not applicable retrospectively to the Government employees including the petitioner."

5. The Division Bench of this Court after having heard parties and perused record made available to it disposed of the writ petitions, directing therein respondent No.1 to consider the case of the petitioners afresh. In purported compliance of aforesaid direction issued by the Division Bench of this court, respondent No.1 considered the matter afresh and vide speaking order dated 9.8.2011, Principal Secretary (Ayurveda) Government of Himachal Pradesh, concluded that employees appointed on or after 15.5.2003 are governed by the HP Civil Services Contributory Pension Rules, 2006 and are not eligible to subscribe to the General Provident Fund as per Rule 4(4) of the HP Civil Services Contributory Pension Rules, 2006. While drawing aforesaid conclusion, Principal Secretary (Ayurveda), observed in the order that Rule 4 (26) of the HP Civil Services Contributory Pension Rules, 2006 provides that employees appointed on or after 15.5.2003 and who are already contributing .

7. Respondents though have virtually admitted the facts of the case, as have been taken note herein above, but their case is that since petitioner was appointed on regular basis after 15.5.2003, his services have been rightly held to be governed by the HP Civil Services Contributory Pension Rules, 2006. Mr. Arvind Sharma, learned Additional Advocate .

General, contended that as per Rule 4 (26) of the aforesaid Rules, employees appointed on or after 15.5.2003 and who are already contributing towards the GPF shall cease to continue to subscribe towards the GPF from the date of notification of the Contributory Pension Scheme and as such, no infirmity and illegality can be found in the order impugned before this Court in the instant proceedings.

pensionable establishment is to be counted towards qualifying service even if such service is not preceded by temporary or regular appointment in a pensionable establishment.

15. If aforesaid analogy is applied in the case of the petitioner, his initial date of appointment after regularization will be the date on which he was initially appointed on adhoc basis in the year, 1999 and as such, he cannot be said to be covered under the HP Civil Services Contributory Pension Rules, 2006, which specifically provides that employees appointed on or after 15.5.2003, are not eligible to subscribe for GPF.