TODAR MAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) BY means of present petition preferred under Article 226 of the Constitution of India, the petitioner seeks the following relief:

(2.) HEARD and gone through the record.

(3.) IT is the case of the petitioner that he was paid the pay and allowances and other service benefits as admissible to the employees of the State Government. When he was initially appointed as 'Resin Watcher', no pension was admissible to the employees of the respondent-Corporation like the employees of the State Government. The employees of the respondent- Corporation were governed under the Employees Provident Fund and Miscellaneous Provisions Act, 1952, as amended from time to time. Thereafter on the representations of the employees union of the Boards and Corporation seeking the same pattern as was admissible to the State employees for the purpose of pension, the State Government after considering their demands, announced grant of the pension to the employees of the State owned Corporations/ Boards. Thus, the respondent-State issued the notification Annexure P-1 dated 29.10.1999 formulating the pension scheme called as "Himachal Pradesh Corporate Sector Employees (Pension, Family Pension, Commutation of Pension and Gratuity), Scheme, 1999", according to which all the pensionary benefits of the employees of the participating Corporate Sector, Undertakings in the State of Himachal Pradesh including the respondent- Corporation, were required to be determined in accordance with the provisions of CCS (Commutation of Pension) Rules, 1981, which was adopted by the State Government for its employees. The Scheme aforesaid was also circulated and the petitioner opted for it.