SATISH CHANDER SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is a petition filed by three petitioners under Article 32 of the Constitution of India. Petitioners are retired officers of Himachal Pradesh State Forest Development Corporation Limited (briefly 'the Corporation' hereinafter). They are aggrieved by denial of pensionary benefits to them in terms of the Himachal Pradesh Corporate Sector Employees (Pension, Family Pension, Commutation of Pension and Gratuity) Scheme, 1999 discontinued vide the notification dtd. 2/12/2004, which though carved out an exception for those who had opted for the scheme and had superannuated prior to 2/12/2004. Hence, they seek a direction to the respondents for payment of pension to them upon their superannuation in terms of the said scheme at par with similarly situated employees who had retired prior to 2/12/2004, by counting their pensionable service from the date of joining till the date of their superannuation.

(3.) This issue was earlier raised by a group of petitioners before the Himachal Pradesh High Court ('High Court' hereinafter) by filing writ petitions under Article 226 of the Constitution of India, the lead case being P.D. Nanda Vs. State of H.P., 2013 SCC Online HP 5151, CWP No. 4425 of 2009. The High Court had allowed the writ petitions vide the judgment and order dtd. 19/12/2013 by directing the State to provide pension to the retired employees of the Corporation in terms of the aforesaid scheme. This decision was reversed by a two-Judge Bench of this Court in State of H.P. Vs. Rajesh Chander Sood, (2016) 10 SCC 77.