IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.8430 of 2025 Decided on: 26th June 2025 _________________________________________________________________ Kuldip Kumar ....Petitioner Versus State of H.P. & Ors …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. M.A.Safee, Advocate. For the respondents: Mr.Anup Rattan, Advocate General with Mr. Sikandar Bhushan, Deputy Advocate General and Mr. Rajat Chaudhary, Assistant Advocate General, for respondents No.1, 2 and 4 to 6. Ms. Komal Chaudhary, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge Respondent-Education Department vide office order dated 09.09.2024 (Annexure P-7) held the petitioner entitled to pensionary benefits under the Central Civil Services (Pension) Rules, 1972, by counting his contract service followed by regularization in terms of Office 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes - 2 - Memorandum dated 10.06.2024. However, the Accountant General, Himachal Pradesh has rejected petitioner’s case for want of petitioner exercising option to switch over to Old Pension Scheme within the period stipulated under office memorandum dated 04.05.2023. 2. Petitioner was appointed as Clerk on contract basis in the respondent-Education Department on 01.10.2012. His services were regularized on the same post on 16.05.2017. Petitioner retired from the service on 30.06.2022. Respondent-Education Department considered the option exercised by the petitioner for pensionary benefits on 19.06.2024 and held him entitled to pension in view of State of Himachal Pradesh & Anr. Vs. Sheela Devi and others2 and in view of Office Memorandum dated 10.06.2024. Accordingly, his case was referred to the office of respondent No.3-the Accountant General (A&E) Himachal Pradesh, for sanction of pension. Petitioner’s grievance is to the office communication dated 22.01.2025 (Annexure P-11), whereby, respondent No.3- the Accountant General (A&E) Himachal Pradesh, rejected his case on the ground that in the 2 SLP(C) 10399 of 2020 decided on 07.08.2023 - 3 - notification dated 04.05.2023, issued by the State Finance Department, time period for opting Old Pension Scheme was sixty days, but the petitioner had opted for the Old Pension Scheme beyond the prescribed time. 3. Feeling aggrieved, petitioner instituted this writ petition primarily on the ground that his case was not covered under notification/Office Memorandum dated 04.05.2023, but by Office Memorandum dated 10.06.2024, that was issued pursuant to the decision rendered State of Himachal Pradesh & Anr. Vs. Sheela Devi and others2 . In terms of para 7(iv) of Office Memorandum dated 10.06.2024, eligible Government servant who wished to count his contractual service for pensionary benefits under the CCS(Pension) Rules, 1972, was to exercise an option within thirty days from the date of issuance of the instructions. It was the case of the petitioner that option exercised by him on 19.06.2024 (Annexure P-6) was within time prescribed under Office Memorandum dated 10.06.2024. 4. Taking note of petitioner’s grievances, following order was passed on 22.05.2025:- “Notice. Mr. Y.P.S. Dhaulta, Additional Advocate General and Ms. Komal Chaudhary, Advocate, appear - 4 - and waive service of notice on behalf of respondents No.1, 2 & 4 to 6 and respondent No.3, respectively. From the submission made by learned counsel for the petitioner, it appears that respondents are processing his case for pension under office memorandum dated 04.05.2023, whereas it is office memorandum dated 10.06.2024, which is attracted to his case for the purpose of exercise of option for coming over to Old Pension Scheme. Let the instructions/reply in this regard be placed on record by the respondents before the next date of hearing. List on 28.05.2025. CMP-11258 of 2025 Disposed of as not pressed at this stage.” Pursuant to above, learned counsel for respondent No.3-Accountant General (A&E), Himachal Pradesh, has placed on record office instructions dated 25.06.2025. Relevant portion of which, reads as under:- “On 22-05-2025 Hon'ble Court was pleased to direct to place on record instructions/reply in this case. In this regard it is respectfully submitted that this office vide letter No. Pen-4/2062220653/4/24-25/1703-04 dated 14-11-2024 followed by subsequent reminder dated 22-01-2025 & dated 25-06-2025 respectively requested the respective department to send the copy of E-challan vide which Sh. Kuldip Kumar deposited the NPS Govt. Share (Dividend Share + Employee Share) which has not been received in this office as on date. As and when it is received in this office, the same shall be dealt with accordingly. You are - 5 - requested to apprise the Hon’ble Court accordingly.” Based on above office instructions, learned counsel for respondent No.3 has assured that respondent No.3 shall rectify the error and will take all required steps for considering the case of the petitioner for grant of pension under the CCS(Pension) Rules, 1972. Learned counsel for respondent No.3 further submits that on completion of codal formalities by the petitioner and respondent-State, viz depositing of NPS share etc., the needful shall be done within a period of four weeks. Learned counsel for the petitioner submits that all possible assistance shall also be rendered by the petitioner for completion of codal formalities at his end. Taking note of above, this writ petition is disposed of with direction to the respondents, including respondent No.3, to do the needful in terms of the aforesaid office instructions dated 25.06.2025, within a period of four weeks from today so that grievances of the petitioner in relation of his pension are redressed. - 6 - Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge June 26, 2025 R.Atal