HARINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner herein was appointed as Chainman on daily wage basis in the year, 1992 and was granted work charge status in the year, 2002. Petitioner after being regularized against the aforesaid post in the year, 2007, applied for allotment of GPF Account Number on the prescribed application form. In the said form, petitioner expressed his willingness to deduct an amount of Rs.4000.00 per month from his salary to be remitted in his GPF No. HLR-7822 (Annexure A-1). Since despite there being allotment of GPF number, respondents failed to get the amount from the salary of the petitioner deducted to GPF number, petitioner made several requests but in vain and as such, he approached the erstwhile HP State Administrative Tribunal by way of Original Application No.2736 of 2018, which now on account of abolishment of the Tribunal, has been transferred to his court for adjudication, praying therein for following main relief:

(2.) Having heard learned counsel for the parties and perused the material available on record, especially reply filed by the respondents, this Court finds that there is no dispute that though petitioner was initially appointed as Chainman on daily wage basis, but his services were regularized in the year, 2007 after being conferred work charge status in the year, 2002 and vide order dtd. 26/3/2013, GPF Number was allotted in his favour. It is also not in dispute that at the time of allotment of the GPF Number, petitioner had put in more than six years of service as Chainman on regular basis with the respondent department.

(3.) Reply filed by respondents No. 1 and 2 reveals that GPF deduction was not started because Under Secretary (Revenue) to the Government of Himachal Pradesh intimated vide letter No.Rev-A(E) 3-159/2011 dtd. 2/3/2013 that issue regarding deduction of either GPF or CPF from the salary of Chainmen from the dates of granting them work charge status, was taken up with the Finance Department for opinion, who after due deliberation has observed that since Central Civil Services (Pension) Rules, 1972 are applicable only to regular employees appointed before 14/5/2003 in terms of Rule 2 of these Rules, all government employees appointed on or after 15/5/2003, on regular basis are covered under the Contributory Pension Scheme (also called New Pension Scheme) and they are governed by New Contributory Pension Rules, 2006.