ORDER :

1. Being aggrieved and dissatisfied with order dated 29.2.2020, passed by respondent No. 3-Managing Director, H.P. State Electronic Development Corporation (in short “the respondent-corporation”) whereby representations having been filed by the petitioners herein in terms of order dated 3.4.2019, passed by the H.P. State Administrative Tribunal in OA No. 3018 of 2018, praying therein to grant family pension in her favour in terms of judgment rendered by this Court in CWP No. 4998 of 2010, Bimla Devi vs. State of H.P. and Others, decided on 4.1.2021, further upheld by the Hon'ble Apex Court vide judgment dated 1.7.2013, came to be rejected, petitioner has approached this Court in the instant proceedings, praying therein for following main relief:

“(i) That the impugned order dated 29.2.2020 Annexure P-20, may kindly be set aside and the respondents may be directed to release the arrear of family pension to the petitioners with interest at the rate of 9% per annum from the date the amount fell due till actual payment and also to pay monthly family pension to the eligible petitioners in accordance with CCS Pension Rules, 1972 regularly.”

2. Precisely, the facts of the case as emerge from the record are that late Sh. Jagat Singh Negi, i.e. husband of petitioner No. 1 and father of respondents No. 2 and 3, was appointed as Computer Operator with the respondent-corporation on 16.3.1988 and since then, he had been rendering his services in the respondent-corporation till 26.10.2002, when he died while on official tour to Kullu. Government of Himachal Pradesh notified Himachal Pradesh Corporate Sector Employees (Pension, Family Pension, Commutation of Pension and Gratuity) Scheme 1999 (in short “the H.P. Corporate Pension Scheme 1999”) vide Notification No. Fin-IF(C)1-9/97 dated 29.10.1999. As per the aforesaid H.P. Corporate Pension Scheme, 1999, all pensionary benefits of the employees of the participating H.P. Corporate Sector were to be determined in accordance with the provisions laid down in Central Civil Services (Pension) Rules, 1972 and Central Civil Services (Commutation of Pension) Rules, 1981, as amended and adopted by the Government of Himachal Pradesh for the State Government employees. As per the first proviso to Sub-Rule 1 of Rule 2 of H.P. Corporate Pension Scheme 1999, governing body/board of directors of corporate bodies were required to provide in their respective byelaws/rule/regulations governing their conditions of service by amending respective service byelaws/rules regulations that pension, family pension and commutation of pension and Gratuity shall be under the scheme. Though aforesaid H.P. Corporate Pension Scheme, 1999, had come in force w.e.f. 1.4.1999, but respondent corporation incorporated aforesaid pension scheme in respective byelaws/rules/regulations in the year, 2018. Aforesaid H.P. Corporate Pension Scheme, 1999 was subsequently repealed by the State vide Notification No. Fin-IF (c)1-9/97-iv dated 2.12.2004. As per the repealed notification dated 2.12.2004, employee retired from service w.e.f. 1.4.1999 to the date of publication of notification dated 2.12.2004, shall continue to be governed under the provisions of the repealed scheme and have otherwise become eligible for pension under the scheme. However, it is not in dispute that there was specific provision made in the repealed notification dated 2.12.2004, with regard to grant of family pension to the employees, who died within the period w.e.f. 1.4.1999 to 2.12.2004. Mr. Jagat Singh Negi, expired on 26.10.2002, while in service and during this period, H.P. Corporate Pension Scheme, 1999 was in operation, though was not incorporated by the respondent corporation its bye laws/rules as was required to be done in terms of first proviso to Sub-Rule 1 of Rule 2 of H.P. Corporate Pension Scheme 1999. Though respondent-corporation paid all the pensionary benefits as admissible under EPF Act, 1952, but refused to grant family pension in favour of