IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No 9784/2025 Decided on: 23.06.2025 Hem Raj …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Adarsh K. Vashista and Mr. Shivom Vashista, Advocates. For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua , J Notice. Y.P.S. Dhaulta, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. With the consent of learned counsel for the parties, the matter is heard at this stage. 3. This writ petition has been filed for the grant of following substantive relief: - “That a writ in the nature of mandamus may kindly be issue in favour of the petitioner and against the respondents for directing the respondents to allow the benefit of exit from NPS on EWS form in favour of the petitioner in the interest of justice.” 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 4. Petitioner's case is that he was appointed on contract basis as Junior Basic Trained Teacher on 09.12.1997 and regularized in service on 01.01.2006. Pursuant to decision in Hem Raj & Ors. Vs. State of H.P. Ors.2 decided along with lead case being Sunil Dutt & Ors. Vs. State of H.P. & Ors.3 the service rendered by the petitioner on contractual basis followed by regularization was counted for the purpose of pension. The petitioner was also allotted General Provident Fund (GPF) number. Deduction towards GPF was also initiated from his account w.e.f. July 2024. He has been held entitled to receive pension on his superannuation as per Central Civil Services (Pension) Rules, 1972. In view of above, petitioner had represented through proper channel to exit from NPS, to which, the petitioner had previously subscribed prior to the issuance of GPF number. Petitioner’s representation dated 27.12.2024 along with requisite NPS-EWS Form was forwarded by respondent No.5-Block Elementary Education Officer Ghumarwin to the office of respondent No.4-Deputy Director, Elementary Education, Bilaspur on 31.12.2024. The said respondent forwarded the same to the office of respondent No.2-Director of Elementary Education, H.P. on 10.01.2025. Petitioner's grievance is that no further action has been taken by the competent authorities on his aforesaid representation to 2 CWP No. 4124/2021 decided on 29.08.2023 3 CWPOA No.5187/2020 a/w connected matters decided on 29.08.2023 3 exit from NPS. It has also been submitted that there are several persons, who have been allowed to exit from NPS on EWS Form in similar circumstances. Learned counsel for the petitioner submitted that compiling all above facts, the petitioner lastly represented to the respondents/competent authorities on 26.04.2025 (Annexure P-7), however the said representation is also pending consideration. Learned counsel further submitted that the petitioner would be content, in case, respondents/competent authority are directed to consider and decide the aforesaid representation dated 26.04.2025 of the petitioner, within a time bound manner. Learned Additional Advocate General has no objection to this prayer. 5. In view of above, the instant writ petition is disposed of by directing the respondents/competent authority to consider and decide the aforesaid representation dated 26.04.2025 (Annexure P-7) of the petitioner, in accordance with law, within a period of three weeks from today. The order so passed be also communicated to the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 23rd June, 2025(rohit)