IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 409 of 2019 Decided on: 22 .08.2026 Smt. Subhash Devi and others …….Petitioners Versus Union of India and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioners : Mr. Rajnish Maniktala, Senior Advocate with Mr. Dinkar Bhaskar, Advocate. For the respondents : Mr. Bharat Bhushan, Senior Panel Counsel, for respondent No. 1. : Mr. Raman Sethi, Advocate for respondents No. 2 and 3. : Mr. Sparsh Bhushan, Advocate for respondent No. 4. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioners have inter alia prayed for the following reliefs:- “A. That the respondent Nos. 2 & 3 may be directed to sanction the pension to the petitioners on the basis of full salary (and not restricting it to Rs. 6500/-) in accordance with the provisions of Employees' Pension Scheme as it existed prior to the amendment of 2014. B. That the action of the respondents of limiting the pension on the basis of salary of Rs. 6,500/- may be quashed and set aside. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 C. That the paragraph 3 and paragraph 11 of Employees Pension Scheme, 1995 so far as it limits the pension on the basis of salary of Rs. 6,500/- may be held to ultra-vires, the Provisions of Section 6-A of Employees Provident Fund & Miscellaneous Provisions Act, 1952 and may be quashed and set aside. D. That respondent no. 4 may be directed to deposit the employer's share of employees provident fund w.e.f. 1.1.2006 upto the date of superannuation of petitioners at the age of 60 years and thereupon the respondent no.2 may be directed to take the revised salary into consideration for the purposes of calculation of pension.” 2. Learned Senior Counsel appearing for the petitioners submits that in the light of the adjudication made by Hon'ble Supreme Court of India in Powergrid Retired Employees’ Association (Prea) vs. Union of India and others, 2025 SCC OnLine SC 750, the relief prayed for by the petitioners cannot be granted to them as the petitioners had retired prior to 01.09.2014 without exercising the their option under the pre-amendment Employees' Pension Scheme, 1995, as it stood prior to the amendment in the year 2014. 3. 3. In light of this development, this writ petition is dismissed. Pending miscellaneous applications, if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 22 , 2026 (narender)