IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4958 of 2023 Decided on: 28th March, 2025 ------------------------------------------------------------------------------------- Nand Kala …..Petitioner Versus Municipal Corporation, Shimla .....Respondent ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Guna Nand Verma, Advocate. For the Respondent: Mr. Mukul Sood, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner claims family pension from the respondent-Municipal Corporation, Shimla. The respondent has not disputed that petitioner’s late husband was appointed as Daily Wage Mason in the year 1998; His services were initially regularized w.e.f. 01.01.2008; Subsequently, services of her late husband were regularized retrospectively w.e.f. 01.01.2007 on completion of eight years of continuous daily wage service with minimum 240 days in each calendar year. 2. Respondent’s case is that petitioner’s husband was covered under the Contributory Pension Scheme (NPS). 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 His services cannot be considered for grant of pensionary benefits under the Central Civil Services (Pension) Rules, 1972. Learned counsel for the respondent also submits that the respondent-Corporation has till date not adopted the Old Pension Scheme introduced by the State Government for releasing pension under the provisions of CCS (Pension) Rules. The matter in that regard is pending consideration with the State Government. Learned counsel further submits that the petitioner, at present, can be provided pension as admissible to her under the NPS, which is presently in vogue in the respondent-Corporation, subject to her completing the requisite formalities in that regard. 3. Learned counsel for the petitioner submits that the petitioner would complete the requisite formalities for getting pension as may be admissible to her under NPS within a period of four weeks. In case the requisite formalities are completed by the petitioner, necessary follow-up action including release of pension in favour of the petitioner, if found admissible to her, be carried out by the respondent within six weeks thereafter. 4. Learned counsel for the petitioner also submits that the petitioner be reserved liberty to file a fresh petition in accordance with law with appropriate necessary 3 pleadings for staking further claim to pension under the provisions of CCS (Pension) Rules, 1972. Granting such liberty, the present writ petition to stand disposed of in above terms alongwith pending miscellaneous application(s), if any. Jyotsna Rewal Dua March 28, 2025 Judge Mukesh