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2025 DAILYLAW 17472 (HP)

RAM LAL v. STATE OF HP AND OTHERS

CMP/14087/2025 · 2025-06-25

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5074/2021 Decided on: 25.06.2025 Ram Lal …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. A.K. Gupta, Advocate For the respondents: Ms. Leena Guleria, Deputy Advocate General, for respondents No.1 to 3. Jyotsna Rewal Dua , J CMP No.14087/2025 Allowed and disposed of. CWP No. 5074/2021 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: - 1 Whether reporters of the local papers may be allowed to see the judgment? 2 “That the entire service of the petitioner, from the date of his initial appointment, may be taken into account for the purpose of pension and in view of this, the petitioner may be held entitled to pension from the date he has been retired from service with all the benefits incidental thereof.” 4. Learned counsel for the petitioner submitted that the petitioner had claimed the aforesaid relief to enable him to earn pension as at the time of institution of the present writ petition, the New Pension Scheme (NPS) was in force and the petitioner was not being considered eligible under the Old Pension Scheme (OPS) by taking his appointment w.e.f. 27.10.2010. The respondents were extending the benefit of OPS only to such employees, who had been employed prior to 15.05.2003. Learned counsel further submitted that under notification dated 04.05.2023, the respondents have now restored the OPS i.e. Central Civil Services (Pension) Rules, 1972. The petitioner, therefore, is now eligible for the grant of pension under the Old Pension Scheme. That under the circumstances, there is no necessity for the petitioner to seek direction to the respondents to count his previous service rendered with effect from the year 1986 with respondent No.4; The petitioner has even otherwise become eligible for the purpose of pension under the Central Civil Services (Pension) Rules, 1972. Learned counsel also submitted that the petitioner would be satisfied, in case, respondents are directed to consider his case for the grant of pension in terms of notification 3 dated 04.05.2023, within time bound schedule. Learned Deputy Advocate General has no objection to this prayer. 5. In view of above, this writ petition is disposed of by directing respondent No.2 to consider and decide the case of the petitioner for grant of pension to him, in accordance with law and in terms of notification dated 04.05.2023. Appropriate order in this regard be passed within six weeks from today and the same shall be communicated to the petitioner. Necessary formalities, if required, at the end of both the parties, be completed within the aforesaid period. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 25th June, 2025(rohit)