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2025 DAILYLAW 27110 (HP)

DALIP SINGH v. HPSEBL AND ORS

CWP/1072/2025 · 2025-03-06

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos.1076, 1074 & 1072 of 2025 Date of decision: 06.03.2025 1. CWP No.1076 of 2025 Yadvinder Kumar. ...Petitioner. Versus State of HP and Anr. ...Respondents. 2. CWP No.1074 of 2025 Onkar Singh. ...Petitioner. Versus HPSEB Ltd. & Ors. ...Respondents. 3. CWP No.1072 of 2025 Dalip Singh. ...Petitioner. Versus HPSEB Ltd. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Vaibhav Tanwar, Advocate, proxy Mr. A.K. Gupta, Advocate. For the respondents : Mr. Rajat, Advocate, proxy Mr. Ravinder Thakur, Advocate, for respondents No.1 & 2. : Mr. Anup Rattan, Advocate General with Mr. L.N. Sharma, Additional Advocate General, for respondents-State. Jyotsna Rewal Dua, Judge Grievance of the petitioners in all these petitions is that, even though they have rendered qualifying service, 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes which would enable them to have pension in accordance with the Central Civil Services (Pension) Rules, 1972 (in short ‘CCS (Pension) Rules,1972’), yet the respondent-Board has not paid pension to them. 2. Pursuant to the orders passed in these petitions, learned proxy counsel for respondents No.1 & 2 has placed on record instructions memo dated 05.03.2025 along with appended documents. As per the instructions memo dated 05.03.2025, the H.P. Civil Services Contributory Pension Rules, 2006, notified on 17.08.2006 by respondent No.3- State, were adopted by respondents No.1 & 2 on 02.01.2007; The Contributory Pension Scheme under these Rules was made applicable to the employees of respondent-Board on and w.e.f. 15.05.2003; Petitioners were appointed in the respondent-Board after 15.05.2003. They, therefore, at present are governed by the H.P. Civil Services Contributory Pension Rules, 2006; This Scheme is being continued by the respondent-Board. The instructions memo further states that benefit of notification dated 04.05.2023 (Annexure P-1 in all petitions) claimed by the petitioners in order to avail pension under the CCS (Pension) Rules cannot be granted, as respondent-Board has not yet adopted this notification dated 04.05.2023 3. Confronted with above, learned proxy counsel for the petitioners submits that he has instructions from the learned original counsel for the petitioners to withdraw the present petitions with liberty to file afresh in accordance with law, seeking appropriate relief(s) with necessary pleadings for claiming pension under the CCS (Pension) Rules, 1972. 4. Prayer is accepted. Granting such liberty, present petitions are dismissed as withdrawn. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua 6th March, 2025 Judge (Pardeep)