RAMA MAHAJAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Being aggrieved with communication dtd. 7/11/2017 (Annexure A-11) issued under the signatures of Project Coordinator, Himachal Pradesh State Electronic Development Corporation Limited (hereinafter, 'Corporation'), whereby request made by the petitioner to allow the benefit of pension provided under Himachal Pradesh Corporate Sector Employees (Pension, Family Pension, Commutation of Pension and Gratuity) Scheme, 1999 (hereinafter, 'Scheme') came to be refused, petitioner earlier approached erstwhile Himachal Pradesh Administrative Tribunal by way of OA No. 701 of 2018, which on abolition of the Tribunal, came to be transferred to this Court and re- registered as CWPOA No. 3472 of 2020, praying therein for following main reliefs:

(2.) For having bird's eye view, fact, which may be relevant for the adjudication of the case the case at hand are that the petitioner was appointed as Typist-cum-Clerk in the office of respondent No. 3 on

(3.) 9.1992 as is evident from appointment letter, Annexure A-1. Petitioner was promoted in the respondent Corporation as a Junior Assistant on 16/7/1996. By way of Notification dtd. 29/10/1999 issued by the Government of Himachal Pradesh, the Scheme was formulated (Annexure A-2). Aforesaid Scheme provided by way of clause 1(2) that all pensionary benefits of the employees of the participating H.P. Corporate Sector shall be determined in accordance with the provisions laid down in Central CCS (Pension) Rules, 1972, the Central Civil Service (Commutation of Pension) Rules, 1981 as amended and adopted by the Himachal Pradesh Government for the State Government employees, save as otherwise provided in this scheme. 3. The Scheme was duly adopted by respondent No.3. In terms of aforesaid Scheme, petitioner was called upon to exercise option on prescribed format by respondent No.3 by way of letter dtd. 27/11/1999 Annexure A-3. In response to the same, petitioner exercised her option on 29/11/1999 (Annexure A-4). By way of said option, petitioner opted for the Scheme, however, vide Notification dtd. 2/12/2004,aforesaid Scheme was repealed by Government with condition that the employees of Himachal Pradesh Corporate Sector, who retired from services w.e.f. 1/4/1999 to the date of publication of this Notification, shall continue to be governed under the provisions of the scheme so repealed, provided such retired employees have opted for such Scheme and have otherwise become eligible for pension under the Scheme. (Annexure A-5).