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Himachal Pradesh High Court · body

2021 DIGILAW 123 (HP)

Paramjeet Singh v. State of H. P.

2021-03-09

AJAY MOHAN GOEL

body2021
JUDGMENT : AJAY MOHAN GOEL, J. 1. 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. 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. 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.