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2021 Supreme(HP) 618

SANDEEP SHARMA
SH. VIJAY KUMAR S/O SH. BRAHM DASS – Appellant
Versus
STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (FINANCE), SHIMLA-2 – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. MUKUL SOOD, ADVOCATE
For the Respondent: MR. SUDHIR BHATNAGAR, MR. DESH RAJ THAKUR, MR. NARINDER THAKUR, MR. LOKENDER PAL THAKUR

ORDER :

By way of instant petition, petitioner has prayed for the following reliefs:

    “1. That the present original application may kindly be allowed throughout with cost and the action of the Respondent No. 3. whereby, the case for authorization of pension in favor of the applicant has been illegally and arbitrarily rejected by the Respondents vide order dated 27.03.2015 and 10.08.2015 (Annexure A- 3 & A-4) may kindly be quashed and set aside,

1A. Quash order dated 23.11.2015 Annexure A-8, whereby the respondent have wrongly made the recovery/deduction from the GPF account of the applicant and further direct the respondent to refund the same with the up-to-date interest;

1B. Quash rule 1(2) and rule 2 of Himachal Pradesh Civil Service contributory Pensions Rules, 2006, whereby these rules have been given a retrospective application, beside being arbitrary illegal and also against the principal Notification whereby these rules were to be come into force from date of publication in rajpatra.

2. That the respondents may be directed to release the due and admissible superannuation pension w.e.f. June 2015 onwards up to date with interest @ 9% per annum.

1. Precisely, the facts of the case

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