STATE OF HIMACHAL PRADESH Vs. R.D. JOSHI

JUDGEMENT

(1.) The questions raised in these petitions, which we are called upon to answer are:

(2.) The Respondents were Government servants. They were permanently absorbed, in public interest, in the State owned Corporations/Companies on given dates. The Petitioner Government by a Memorandum No. 14-2/64-Rin (R and E) dated July 8, 1976, regulated the payment of retirement benefits to the Government servants who are permanently absorbed in Public Sector Undertakings/Autonomous Bodies owned or controlled by the Government of Himachal Pradesh on or after June 16, 1967. The Memorandum in Clause 2 provided:

(3.) Perusal of Sub-clause 2(iv), (a) and (b) shows that an absorbed Government employee could opt either to receive monthly pension or lump sum amount in lieu of pension. Sub-clause (ix) stipulates that if an absorbed employee opts to receive pension in terms of Sub-clause (iv) and (a) above, but wishes to commute a portion of the pension, then such commutation is to be regulated in accordance with Government rules in force at the time of commutation of his pension.