Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 22834 (HP)

NAND LAL v. STATE OF HP AND OTHERS

CWP/9758/2023 · 2025-01-07

Jyotsna Rewal Dua

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9758 of 2024 Date of decision: 07.01.2025 Nand Lal. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Bonit Prakash, Advocate. For the respondents : Ms. Leena Guleria, Deputy Advocate General. Jyotsna Rewal Dua, Judge The petitioner seeks directions to the respondents to process his case for grant of pension and release of the same in his favour from the due date. 2. Respondents, in their reply, have, inter alia, taken the stand that the petitioner had already withdrawn 60% of the amount deposited in the National Pension System (‘NPS’) after his retirement, which includes the Government's contribution and dividend earned thereon. That the petitioner can only be covered under the Old Pension Scheme once he deposits the Government’s contribution to the NPS along with the dividend/returns earned on it, otherwise, he 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- will not be entitled to any pension under the CCS (Pension) Rules. That the petitioner has been apprised of the requirement to deposit NPS share of the Government and dividend earned thereon with the relevant Head of the Account. Despite this the petitioner has not done the needful. 3. At this stage, learned counsel for the petitioner submitted that the petitioner will complete the requisite formalities within a period of four weeks. On completion of the same, the respondents be directed to release pension to the petitioner under the CCS (Pension) Rules, as the respondents have not disputed the petitioner having completed 10 years of regular service before superannuation. 4. In view of the above, the petitioner is granted liberty to complete the codal formalities within four weeks from today. On completion of all requisite formalities, the respondents shall consider the case of the petitioner within six weeks and release his pension under the CCS (Pension) Rules. The pension due and admissible to the petitioner shall also be released within the aforesaid period. -3- This writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 7th January, 2025 Judge (Pardeep)