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2025 DAILYLAW 7118 (HP)

HP ELECTRICITY REGULATORY COMMISSION v. RAMA MAHAJAN AND OTHERS

LPA/81/2023 · 2025-07-29

Gurmeet Singh Sandhawalia, Ranjan Sharma

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Judgment text

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2025:HHC:25369 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No.81 of 2023 Decided on: 29.07.2025 ________________________________________________________ Himachal Pradesh Electricity Regulatory Commission ...Appellant Versus Rama Mahajan and others ….Respondents Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the appellant: Mr. Naresh Kumar Sood, Senior Advocate with Mr. Vinay Mehta, Advocate. For the respondents: Mr. Neeraj Gupta, Senior Advocate with Mr. Harshit Sharma, Advocate, for respondent No.1. Ms. Tim Saran, Advocate, for respondent No.2-H.P. State Electronic Development Corporation Ltd. Mr. Arsh Rattan, Deputy Advocate General, for respondent No.3-State. G.S. Sandhawalia, Chief Justice [Oral] The present Letters Patent Appeal is directed against the judgment dated 10.01.2023 passed by Learned Single Judge in CWPOA No.3472 of 2020, titled as Smt. Rama Mahajan Versus State of 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:25369 - 2 - Himachal Pradesh and others, whereby, the Learned Single Judge granted the relief of benefit of pension to the writ petitioner [respondent No.1 herein], provided under Himachal Pradesh Corporate Sector Employees [Pension, Family Pension, Commutation of Pension and Gratuity] Scheme, 1999. It was also directed that the writ petitioner would deposit the amount of GPF/EPF, so that the present appellant could re-open the account of GPF and the New Pension Fund amount was also directed to be transferred to the GPF Account with all benefits from the date of closure of GPF Account. 2. The writ petitioner [respondent No.1 herein] had filed an application, i.e. CMP No.8180 of 2025, as such, that in view of subsequent events, the appeal may be ordered to be withdrawn, mainly on account of the fact that vide Notification dated 29.01.2025 [Annexure R-1/A], which was published in H.P. Rajpatra on 31.01.2025 and provisions of pensionary benefits to the employee have also been made by the appellant- Commission. Accordingly, necessary Office Order dated 05.02.2025 [Annexure R-1/B] has also been placed on record. 2025:HHC:25369 - 3 - 3. In view of the aforesaid Notification and Office Order, the writ petitioner has also exercised her option on 14.02.2025 by opting for pension under Central Civil Services [Pension] Rules, 1972, known as Old Pension Scheme. Accordingly, it is submitted that amount was not deposited by the employee-writ petitioner on account of pendency of the appeal and she had also filed various representations that the share was to be deposited and to inform her of the said amount as she had opted for pension. 4. Reference is made to communication dated 22.03.2025 [Annexure R-1/E] that her pension case cannot be considered till final outcome of the present appeal. Latest communication dated 04.04.2025 has also been placed on record seeking the amount of share to be deposited and for the withdrawal of the appeal. 5. Counsel for the appellant very fairly submitted that in view of subsequent events, the appeal be permitted to be withdrawn, so that necessary benefits can be granted to the writ petitioner after completion of all codal formalities in view of the reversion to the Old Pension Scheme by the appellant-Regulatory Commission. 2025:HHC:25369 - 4 - 6. Accordingly, the appeal is disposed of in the above terms, so also pending miscellaneous application(s), if any. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge July 29, 2025 [Bhardwaj]