REENA VERMA Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner herein is a compassionate appointee, appointed as Clerk in District Headquarter, Shimla in pursuance to office order dated 8.5.2003. After undergoing medical examination on 15.5.2003, she joined her duties on 17.5.2003. After issuance of her appointment order dated 8.5.2003, but before her joining on 17.5.2003, State Government issued a notification dated 15.5.2003, whereby all appointments made in the State Government of Himachal Pradesh on or before the date of publication of notification in Rajpatra Himachal Pradesh, i.e. 15.5.2003, were excluded from application of the Central Civil Services (Pension) Rules, 1972 (in short CCS (Pension) Rules, 1972) with intention of the Government to notify Contributory Pension Scheme for such Government Servants whose appointments have been made on or after 15.5.2003. Notification dated 15.5.2003 is followed by Himachal Pradesh Civil Services Contributory Pension Rules, 2006, which have been made applicable to all Himachal Pradesh Government Employees appointed on or after 15.5.2003.

(2.) Grievance of the petitioner is that respondents are thrusting upon her membership of Contributory Pension Scheme by considering her an appointee of a date after 15.5.2003, i.e. 17.5.2003, the date of her joining, whereas she is entitled to be considered an appointee of a date prior to 15.5.2003, i.e. date of issuance of her appointment order dated 8.5.2003 and thus she has approached this Court seeking direction to respondents-Department to consider her to be governed by CCS (Pension) Rules, 1972 for all intends and purposes with declaration that notification dated 15.5.2003 (Annexure P-3) and Himachal Pradesh Civil Services Contributory Pension Rules, 2006 (Annexure P-6) are not applicable to the petitioner.

(3.) Claim of the petitioner is that her appointment letter was issued on 8.5.2003 and immediately thereafter she had approached the office of Deputy Commissioner on 12.5.2003, whereafter she was subjected to medical examination on 15.5.2003. As 16.5.2013 was a Gazetted Holiday, she joined the office on 17.5.2003 and, therefore, she is an appointee of a date prior to notification dated 15.5.2003 (Annexure P-3) and thus CCS (Pension) Rules, 1972 are applicable to her.