2024:HHC:16940
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
CWP No. 7097 of 2024
Decided on : 31.12.2024
Smt. Phoolmati
…Petitioner
Versus
State of Himachal Pradesh and others.
…Respondents
Coram
Hon’ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1 Yes
For the petitioner : M/s A.K. Gupta and Babita
Chauhan, Advocates.
For the respondents : Mr. Sumit Sharma, Deputy
Advocate General, for
respondents No.1 to 3.
Mr. Tek Ram Sharma, Advocate,
for respondent No.4.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has, inter
alia, prayed for the following relief:-
“i. That the respondents may be ordered to pay
pension to the petitioner as per notification dated
04.05.2023, under the Old Pension Rules, 1972 from due
date, with all benefits incidental thereof.”
2. Learned Deputy Advocate General has referred to
1Whether reporters of the local papers may be allowed to see the judgment?
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the reply filed by respondents No.1 to 3 and submitted that as
the petitioner did not exercise her option in terms of
memorandum dated 04.05.2023 well in time and she submitted
her option only on 04.11.2023, to opt for the Old Pension
Scheme, it is in the light of the said fact that pension has not
been released to the petitioner under the Old Pension Scheme.
3. Learned counsel for the petitioner submitted that the
petitioner was never called upon to exercise any option and it is
for this reason that she did not exercise the same in time.
4. Be that as it may, in view of the fact that the
petitioner retired as a Class-IV employee, from the Agriculture
Department of the Government of Himachal Pradesh, this Court
is of the considered view that the rigors of memorandum dated
04.05.2023 qua the period mentioned therein for the exercise of
option, cannot be construed in a harsh manner against an
incumbent like the petitioner as a Class-IV employee would
hardly be knowing that any memorandum also stands issued by
the Government and an act has to be performed by her, in the
light of said memorandum. The least that is expected from an
employer with regard to Class-III and Class-IV employees is
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that they should inform such like employees of the
memorandum and seek their options, within some reasonable
time. If they do not do so within reasonable time, then the
Department can proceed in the matter, in accordance with law.
5. Accordingly, this writ petition is disposed of with the
direction that the option submitted by the petitioner on
04.11.2023, be treated as a valid option and the case of the
petitioner for grant of pension be processed accordingly. Let
needful be done, within a period of three months from today.
Pending miscellaneous applications, if any, also stand disposed
of accordingly.
(Ajay Mohan Goel)
Judge
December 31, 2024
(Shivank Thakur)