[2026:HHC:3296] IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No.2569 of 2019 Decided on : 09.01.2026 ________________________________________________________ Ashwani Kumar & Others .......Petitioners Versus State of Himachal Pradesh & Others ...Respondents Coram: Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting? No. For the petitioners: Mr.Dushyant Dadwal, Advocate. For the respondents: Ms. Seema Sharma, Deputy Advocate General. Ranjan Sharma, Judge Petitioner, Ashwani Kumar and seven others including deceased Vinod Kumar Sharma, who is substituted by his widow Kamna Devi, have come up before this Court, seeking the following reliefs:- (i) That the impugned notification dated 11.06.2010 (Annexure P-3) towards the petitioners whereby the petitioners have been brought under the CPS Scheme may kindly be quashed and set aside. (ii) That the respondents may kindly be directed to brought the petitioners under the GPF Scheme as the petitioners were initially under the GPF Scheme and they subscribed their GPF for more than six years as per the law laid down by this Hon’ble Court in CWP (T) No.2145 of 2008. FACTUAL MATRIX Whether reporters of Local Papers may be allowed to see the judgment? 2. [2026:HHC:3296] 2. In nutshell the claim of the petitioners is that the petitioners were appointed as Shastris and Drawing Masters in Education Department after 15.05.2003 and therefore, they were covered by the Himachal Pradesh Civil Services Contributory (Pension) Rules dated 17.08.2006 as made applicable from 15.05.2003 and the CCS (Pension) Rules, 1972 were not applicable in their case. During pendency of the instant petition, it is submitted that since the State Government has revived the Old Pension Scheme as per Office Memorandum dated 04.05.2023 [Taken on Record] deciding to grant pension to employees who were appointed after 15.05.2003, in accordance with CCS (Pension) Rules, therefore, the petitioners may be extended the benefits under the Old Pension Scheme. 3. Matter was listed before this Court on 27.10.2025, when this Court directed the Learned State Counsel to have instructions as to whether the petitioners are covered under the Old Pension Scheme and whether the admissible benefits under the Old Pension Scheme by applying the CCS (Pension) Rules have been sanctioned/released or not. 4. The matter was thereafter adjourned on 3. [2026:HHC:3296] a couple of occasions and was listed on 06.01.2026 and then on 08.01.2026, when Learned State Counsel prayed for further time to have instructions in terms of earlier orders. Upon listing of the case today, Learned State Counsel has furnished a communication dated 08.01.2026 [Taken on Record] addressed to the Advocate General, giving the factual details, which reads as under:- “No.EDN-KGR-E-O-(C&V)CWPOA No.2569/2019 Office of the Dy. Director of Elementary Education Kangra at Dharamshala Dated:- 08.01.2026 To The Advocate General State of HP-Shimla Subject:- CWPOA No.2569/2019-titled as Ashwani Kumar Vs State of HP & Ors. Sir, With reference your office letter No.CWPOA-2569 dated 28.10.2025 on the subject cited above. In this context brief reply facts of this case are hereby given below:-It is submitted that the petitioner No.1 Sh. Ashwani Kumar was appointed as Shastri on dated 26.09.2003, which was after 15.05.2003 hence the petitioner was covered under NPS, though the petitioner has opted for OPS in compliance of Govt of HP Notification in the year 2022 but as the petitioner has retired on dated 31.12.2025, his pension case under OPS will be submitted as and when the petitioner will submit the challan of the employers share and dividend to the 4. [2026:HHC:3296] DDO concerned. (i). The petitioner No. 2 was appointed as shastri on dated 22.08.2003 and retired on dated 30.04.2020, but he has not submitted the aforesaid challan the Principal concerned till date, hence his pension case could not be pursued (ii). The petitioner No.3 was appointed as shastri on dated 16.09.2003 and retired on dated 10.04.2019 he has submitted the aforesaid challan to the DDO concerned on dated 03.01.2024, hence his pension case under OPS has been settled. (iii). The petitioner No.4 was appointed as Drawing Teacher on dated 21.11.2003 and retired on dated 31.03.2017, her pension case under OPS has been settled on dated 25.09.2023. (iv). The petitioner No. 5 was appointed as Shastri on dated 30.09.2003 and expired on dated 29.04.2014, basic family pension Rs.9950/-per month has been sanctioned in favour of petitioner's wife under NPS because she has not opted for OPS. (v). The petitioner No. 6 was appointed as Shastri on dated 21.09.2003 and was covered under NPS and he has opted for OPS on its incorporation in the year 2022. The petitioner is serving as TGT Arts, till date. He will be granted OPS on his retirement. It is submitted for your kind information and further necessary action please. Sd/- Dy. Director School Education (Elementary) Kangra at Dharamshala 5. So far as claim of the petitioners for giving benefits under the Old Pension Scheme under CCS 5. [2026:HHC:3296] (Pension) Rules, 1972 as per the Notification dated 04.05.2023 as applicable from 15.05.2023 is concerned, the Learned State Counsel submits that though all the petitioners, as on the day, are covered under the Old Pension Scheme notified on 04.05.2023 but admissibility of benefits under Old Pension Scheme is subject to the fulfilment of pre-conditions under the said scheme. 6. Be that as it may, the entitlement of the petitioners is not disputed but the benefit of Pension/Family Pension under Old Pension Scheme dated 04.05.2023 has to accrue subject to fulfilment of conditions. Learned State Counsel based on Instructions dated 08.01.2026 (supra) states that benefit of OPS stands released to the petitioner [except petitioners 1, 2 & 6]. She submits that as soon as the petitioners 1 & 2 remit the Government contribution and dividend earned thereon the case shall be processed. So far as Petitioner No. 3 is concerned she is still in service and his claim will be settled as per rules in force on retirement. DIRECTIONS: 7. In view of above directions and for the reasons recorded hereinabove, the instant petition is disposed of, 6. [2026:HHC:3296] in the following terms: (i). Claim of Petitioners No. 3 & 4 for OPS having been settled, needs no further adjudication/directions; (ii). Since Petitioner No. 5 has not opted for OPS, therefore, it needs no further directions: (iii). Claim of Petitioners No. 1 & 2 is pending for want of deposit of employee share with interest; (iv) Upon taking shares by Petitioners No. 1 & 2 State Authorities shall process and sanction pension under OPS to them, expeditiously; (v). Claim of Petitioner No. 6 be processed as per norms on superannuation in accordance with law; (vi). Necessary compliances be made by the State-Authorities and the petitioners, in terms of the Scheme, within two months from today. (vii). Upon completion of formalities in terms of the scheme, necessary admissible benefits as per Old Pension Scheme notified on 04.05.2023 be released to eligible petitioners-retirees/family pensioners, within two months from today. In aforesaid terms, instant petition and all pending miscellaneous application(s), if any, shall stand disposed of accordingly. (Ranjan Sharma) Judge January 09, 2026 (tm/meera)