Extracted from the PDF above. The PDF is authoritative.
1Whether reporters of Local Papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6982 of 2025
Date of decision: 30.04.2025 Amin Chand.
...Petitioner.
Versus State of H.P. & Ors.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? For the petitioner : Mr. Bonit Thakur, Advocate.
For the respondents : Mr. Anup Rattan, Advocate General with Ms. Leena Guleria, Deputy Advocate General, for respondents No.1 to 3-State.
: Mr. Tek Ram Sharma, Advocate, for respondent No.4.
Jyotsna Rewal Dua, Judge Notice. Ms. Leena Guleria, Deputy Advocate General and Mr. Tek Ram Sharma, Advocate, appear and waive service of notice on behalf of respondents No.1 to 3 and respondent No.4.
2.
Petitioner prays for grant of pension under Old Pension Scheme, i.e. CCS (Pension) Rules. From the record it appears that petitioner’s case though has been not accepted by respondent No.4, however, there is no decision on his
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eligibility for grant of pension under the Old Pension Scheme by the Competent Authority, i.e. respondent No.2.
3.
At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied, in case he is permitted to file a representation, whereafter, the competent authority/respondent No.2 may be directed to consider and decide the same in accordance with law within a time-bound schedule keeping in view the stand taken by the respondents-State as reflected in the decision rendered in Kamaljeet Kaur Sidhu vs. State of H.P. & Ors.1. This is not objected to by learned counsel for the respondents.
4.
In view of above, this writ petition is disposed of by permitting the petitioner to prefer a representation within two weeks from today. In case, such representation is so preferred, the respondents/Competent Authority to consider the case of the petitioner, inter alia, keeping in view the stand of the respondents as reflected in Kamaljeet Kaur Sidhu1 and pass accordingly appropriate orders in accordance with law within six weeks from today. Copy of
order so passed be also communicated to the petitioner.
1 CWP No.15312 of 2024 decided on 04.01.2025.
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Pending miscellaneous application(s), if any, to also stand disposed of.
Jyotsna Rewal Dua 30th April, 2025
Judge (Pardeep)