STATE OF H. P. Vs. REENA VERMA

JUDGEMENT

(1.) The writ petition filed by the respondent (writ petitioner) has been allowed by the learned writ Court with a direction to the appellants to consider the respondent as an appointee of 8/5/2003 for all intents and purposes and for grant of all consequential benefits and, aggrieved by the same, the State has filed the instant appeal.

(2.) The bare minimal facts, as are necessary, for the adjudication of the appeal are that the respondent was appointed as a Clerk on compassionate ground in pursuance of order dtd. 8/5/2003. After undergoing medical examination on 15/5/2003, she joined her duties on 17/5/2003. Interestingly, after the issuance of her appointment order dtd. 8/5/2003 but before the respondent could join on 17/5/2003, the State Government issued a notification dtd. 15/5/2003, whereby the appointments made in the State on or after the date of publication of the notification in the Rajpatra Himachal Pradesh i.e. 15/5/2003 were excluded from the applicability of the Central Civil Services (Pension) Rules, 1972, (in short, "CCS (Pension) Rules 1972"), with intention of the Government to notify Contributory Pension Scheme for such government servants whose appointments have been made on or after 15/5/2003.

(3.) The grievance of the petitioner before the learned writ Court was that the respondents were thrusting upon her to become a member under the Contributory Pension Scheme by considering her as an appointee subsequent to the appointed date i.e. 15/5/2003 by considering her date of appointment i.e. 17/5/2003 as a date of her appointment as against her order of appointment dtd. 8/5/2003.