SUMIT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for the following reliefs:-

(2.) The case of the petitioner is that he was initially engaged as a Clerk in 12th Circle of the H.P.P.W.D. Nahan, H.P., on contract basis, w.e.f. 30.06.2017. Thereafter, vide order dated 01.10.2020 (Annexure P-1), his services were regularized as such with immediate effect. The grievance of the petitioner is that his salary from the month of January, 2021 has been stopped by the respondent-State and since then no salary has been released to him, which act of the respondent-State is completely arbitrary because there is no law which permits stoppage of the release of salary of an employee like petitioner by the respondent-department. According to the petitioner, it is in fact a malafide act on the part of the respondent/State that the salary of the petitioner has not being released despite his performing regular duties with the respondent/ department. As per him, he was communicated vide Annexure P-2, i.e. communication dated 21.01.2021, that he should submit the documents to generate his account in NPS/PRAN (National Pension Scheme/Permanent Retirement Account Number) and if he failed to do so, then his salary would be stopped without any notice. In terms of the averments made in paras 11 and 12 of the writ petition, the petitioner contends that his salary could not have been stopped under any circumstance even if he did not comply with the requirements in terms of Annexure P-2 etc. because there is no law which confers a right upon the respondent/State to stop the release of salary of the petitioner, in his favour. The petitioner contended that fundamental right to livelihood enshrined under Article 21 of the Constitution of India has been infringed as the respondents stopped the release of his salary from the month of January, 2021 without any prior intimation and without initiating any action/inquiry. Stoppage of salary of the petitioner according to him is without any justification and/or jurisdiction and it is in this background, present petition has been filed by the petitioner, praying for the reliefs already enumerated hereinabove.

(3.) Petition stands opposed by the respondent/State, inter alia, on the ground that salary of the petitioner has been stopped temporarily as despite reminders he has not submitted necessary forms or subscription to National Pension Scheme, introduced by the Government of Himachal Pradesh. According to the State, all the employees recruited after 15.05.2013 are required to subscribe with National Pension Scheme and contribution from the salary of every employees recruited after 2003 is necessary under Himachal Pradesh Civil Service Contributory Pension Rules, 2006. A copy of said Notification is appended with the petition as Annexure R-1. It is further mentioned in the reply that the forms required for subscription to Contributory Pension Scheme are to be submitted within 15 days from the date of joining to the official by the D.D.O. and on failure, the D.D.O. is responsible for default of any penalty as per letter of the Finance Department, appended with the reply as Annexure P-2. The petitioner joined as a regular Clerk on 01.10.2020 and was accordingly called upon by the concerned D.D.O. to submit the forms for Contributory Pension Scheme (CPS). The petitioner did not submit requisite documents. He was issued reminders time and again to do the needful, but he has not adhered to the directions so issued to him and in these circumstances the respondents were left with no option, but to stop his salary till the time he submits the requisite documents. It is further the stand of the State that the provision for deduction towards National Pension Scheme is in the interest of the petitioner as the government has to make equal contribution towards the fund. The petitioner is acting contrary to his interest and willingly refusing to submit the documents for subscription to Contributory Pension Scheme. The respondents have no intent to stop the salary of the petitioner and the same shall be released immediately on submission of required documents by the petitioner.