2026:HHC:35290 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No.2324 of 2019 Decided on : 20 th August , 2026. Amin Chand & Ors. ...Petitioners. Versus State of H.P. & Ors. ....Respondents. Coram: The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the Petitioners: Mr. Shivom Vashista, Advocate. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General Ajay Mohan Goel, Judge (Oral). By way of this writ petition, the petitioners have, inter alia, prayed for the following relief:- “i). A writ in the nature of mandamus may kindly be issued directed the respondents to grant and allow the benet of pension in favour of the petitioners in view of the CCS Pension Rules, 1965 and the petitioners may also be held entitled to contribute to GPF.” 2. The case of the petitioners is that though they were appointed as Shastris after 15.05.2003, but their appointment was on the basis of a recruitment process which stood initiated much 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:35290 before 15.05.2003. Accordingly, they have approached this Court praying for the relief that as the process for their appointment was initiated before 15.05.2003, therefore, they be ordered to be covered under the Old Pension Scheme. 3. Today, learned counsel for the petitioners has handed over a copy of O-ce Memorandum dated 9th July, 2023, issued by the Government of Himachal Pradesh, Finance (Pension) Department. By relying upon Clause 5 thereof, he submitted that in light of the fact that a Policy decision has been taken by the Government that Government servants, who have been appointed against the posts or vacancies which were advertised/noti5ed for recruitment/appointment prior to 15.05.2003 may be given a one- time option for coverage under the Old Pension Scheme. He thus prayed that mandamus be issued to the respondents to treat petitioners to be covered under the Old Pension Scheme. 4. Learned Additional Advocate General submitted that in light of the aforesaid O-ce Memorandum, the petitioners may exercise the option to be covered under the Old Pension Scheme. 3 2026:HHC:35290 5. Having heard learned counsel for the parties, this Court is of the considered view that in light of the fact that the petitioners are already agitating the factum of their being covered under the Old Pension Scheme and now in terms of O-ce Memorandum dated 9th July, 2026, this bene5t has been extended to those in whose case the vacancies were advertised before 15.05.2003 and as the petitioners fall in this category, the factum of their having approached this Court by way of this writ petition be treated as the option exercised by them for Old Pension Scheme. Accordingly, the petitioners shall now be governed under the Old Pension Scheme in terms of O-ce Memorandum dated 9th July, 2026. It is clari5ed that the petitioners need not to exercise any option now afresh in terms of O-ce Memorandum dated 9th July, 2026. It is further ordered that the needful with regard to the transfer of the pensionary funds etc. of the petitioners, which is to be remitted by the Pension Fund Regulatory and Development Authority, be done at the earliest, so that the judgment passed by this Court can be taken to its logical conclusion. 4 2026:HHC:35290 6. With the aforesaid observations, the petition stands disposed of, so also, pending miscellaneous applications, if any. (Ajay Mohan Goel) Judge 20th August, 2026. (jai)