IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 15453 of 2026. Decided on : 10 th September , 2026 Bishamber Dass ...Petitioner. Versus State of H.P. & Ors. ....Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Ashok Chaudhary and Mr. M.A. Safee, Advocates. For the respondents: Ms. Seema Sharma, Deputy Advocate General, for respondents No.1 and 2. Ms. Rekha Thakur, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge. Following order was passed on 07.09.2026 noticing the grievance of the petitioner:- “Notice. Ms. Seema Sharma, learned Deputy Advocate General and Ms. Rekha Thakur, learned counsel, appear and waive service of notice on behalf of respondents No.1 & 2 and respondent No.3, respectively. Heard. Petitioner claims benefit of Old Pension Scheme and consequent release of all pensionary & retiral benefits including arrears. Learned counsel for the petitioner submits that in terms of office letter dated 15.08.2024 (Annexure P-9), petitioner was given one week’s time by the Tehsildar Nurpur to deposit the NPS government share. For some reason, the petitioner could not comply this direction within the given period of one week. Learned counsel submits that the petitioner is ready and 1 Whether reporters of the local papers may be allowed to see the judgment? 2 willing to deposit the NPS government share provided the timelines are appropriately and reasonably extended. Let learned Deputy Advocate General to have instructions on the subject matter. List on 10.09.2026.” 2. Pursuant to the aforesaid order, learned Deputy Advocate General has placed on record office instructions dated 08.09.2026 from Tehsildar Nurpur, District Kangra. In terms thereof, petitioner was engaged as a daily waged worker from September 2011 to 1.9.2014. Petitioner's services were regularized with effect from 1.9.2014. He joined as a regular employee on 21.10.2016 and retired on 31.01.2024. According to the respondents, even if regular service is reckoned from retrospective date of regularization of the petitioner with effect from 01.09.2014 to 31.01.2024 then the same comes out to 9 years and 5 months. The petitioner, therefore, according to the respondents, is not entitled for pension at all, there is no question to demand, return or deposit the NPS amount with the Government of Himachal Pradesh. 4. Petitioner has grievance to the aforesaid decision of the respondents as communicated in the office instructions dated 08.09.2026. 5. In view of the above, learned counsel for the petitioner submits that the petition in its present form cannot proceed even though petitioner has grievance against the decision of the respondents. He 3 further submits that the petition is required to be thoroughly amended for incorporating new grievances, cause of action and appropriate pleadings. Learned counsel for petitioner seeks permission to withdraw the writ petition with liberty to file afresh in accordance with law for the redressal of petitioner's grievances. Prayer is accepted. Petition is dismissed as withdrawn with liberty as prayed for. Pending applications, if any, also stand disposed of. Jyotsna Rewal Dua Judge 10th September, 2026. (jai)