PARAMJEET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) In the year 1990, petitioner herein was engaged as Part Time Worker 1990 but his service were converted into Whole Time Contingent Paid Worker vide order dtd. 29/12/2001 (Annexure A-1) in time scale of pay. On account of aforesaid order dtd. 29/12/2001, petitioner became a temporary employee and was entitled to contribute to GPF. He applied for allotment of GPF number and Accountant General, Himachal Pradesh allotted GPF number to the petitioner. Perusal of Annexure A-2, i.e. annual statement of GPF, reveals that the petitioner after allotment of GPF started making contribution towards GPF.

(2.) However, in 2006, petitioner was asked not to contribute towards GPF on the ground that his services were regularized in June, 2003. Being aggrieved with the aforesaid action of the respondents, petitioner approached Himachal Pradesh Administrative Tribunal by way OA No. 5820 of 2018, which on account of abolishment of the Himachal Pradesh Administrative Tribunal, stands transferred to this court and re-registered as CWPOA No. 5341 of 2020 praying therein for following main relief:

(3.) Having heard learned counsel for the parties and perused the material available on record, this court finds that the facts as noticed herein above are not in dispute. In nutshell, case of the respondents as set up in the reply and further canvassed by Mr. B.C. Verma, learned Additional Advocate General is that since the petitioner was made regular Class IV employee after 15/5/2003, he is to be governed by Contributory Pension Scheme applicable with effect from 15/5/2003. It has been claimed by the respondents that Government servants appointed after 15/5/2003 on regular basis are not entitled to GPF but entitled to CPF contribution. If the reply of the respondents is perused in its entirety, it clearly reveals that after petitioner's being declared as a temporary employee, he was permitted to contribute towards GPF. Petitioner continued to make subscriptions towards GPF till February, 2007 but thereafter, he was asked not to make any subscription by the respondents. Reply further reveals that the GPF deduction was not permitted on account of issuance of letter dtd. 2/3/2013 issued by the Under Secretary (Revenue) to the Government of Himachal Pradesh, whereby it has been informed that issue regarding deduction of either GPF or CPF from salary of Government employee from the date of granting them work charge status, was taken up with the Finance Departmnt for opinion, who after due deliberation has observed that CCS (Pension) Rules, 1972 are applicable only to regular employees appointed before 14/5/2003 and 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.