IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP Nos. 1601 and 6549 of 2021
Decided on: 28.03.2024
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CWP No. 1601 of 2021
Rajinder Singh ……….. petitioner
Versus
State of H.P. and others respondents
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CWP No. 6549 of 2021
Raman Kumar and others ……….. petitioners
Versus
State of H.P. and others respondents
____________________________________________________
Coram:
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
Hon'ble Mr. Justice Sushil Kukreja, Judge
1
Whether approved for reporting?
For the petitioner(s) : Mr. A.K. Gupta, Advocate
For the respondents : Mr. I.N. Mehta and Mr.
Yashwardhan Chauhan, Senior
Additional Advocate Generals with
Mr. Ramakant Sharma, Ms.
Sharmila Patial, Additional
Advocate Generals for respondent
No. 1 to 3.
: Mr. Balram Sharma, DSGI, for
respondent No.4 and 5.
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Tarlok Singh Chauhan, Judge (oral)
Both petitions have been filed for grant of the
following substantive reliefs:-
1
Whether the reporters of the local papers may be allowed to see the judgment?
2
CWP No. 1601 of 2021
“That Annexures P-2, P-3 and P-4 may be set
aside/quashed and the respondents may be ordered to pay
pension to the petitioner under the CCS (Pension) Rules,
1972 with all the benefits incidental thereof”.
CWP No. 6549 of 2021
“That Rule 2 of the CCS (Pension) Rules, 1972 may be
struck down being violative of Article 14 of the Constitution
of India and in violation of the law laid down by the Hon’ble
Supreme Court of India in Prem Singh vs. State of U.P.
and the entire service rendered by the petitioners may be
held to qualify for the purpose of pension and other retiral
benefits”.
2. Learned Additional Advocate General has placed on
record instructions dated 26.03.2024, relevant portion of which
reads as under:-
“Kindly refer to your office letter No. NIL dated
21.03.2024 on the subject cited above vide which
necessary instructions in reference to order passed by
Hon’ble High Court dated 21.03.202 for bringing the
petitioner under OPS and its latest position has been
asked to be imparted.
In this respect, it is submitted that in pursuance to
the implementation of Old Pension Scheme (OPS) by the
Govt. vide Notification NO. Fin (Pen.) A(3)-1/2023 dated
th
4 May, 2023, the petitioners have been shifted into OPS
from NPS in different months of 2023 and they are also
subscribed to GPF A/C wherein each of the petitioner is
subscribing certain amount p.m. continuously as per
detail given in enclosed Annexure-A’
3
3. In view of the above, both petitions have been
rendered infructuous and are disposed of as such, so also the
pending application(s), if any.
(Tarlok Singh Chauhan)
Judge
(Sushil Kukreja)
Judge
March 28, 2024
tarun