Employees who did not exercise the option were automatically covered under the default clause in the Pension Scheme, entitling them to be governed by the Pension Scheme with all consequential benefits.

ORDER :

1. All the petitions involve same and similar questions, as such, all these petitions were tagged together at different intervals and were being heard together. Now vide this common order, all the petitions are being disposed of. Petitioners have been serving the Chaudhary Sarwan Kumar Himachal Pradesh Krishi Viswavidyalaya (hereinafter, ‘respondent-University’) in different capacities and earlier approached this court by filing writ petitions, which were later on transferred to erstwhile Himachal Pradesh Administrative Tribunal and thereafter again to this Court, on abolition of the Himachal Pradesh Administrative Tribunal. Two of the petitions were firstly filed as Original Applications before erstwhile Himachal Pradesh Administrative Tribunal, which also were later on transferred to this Court and re-registered as Civil Writ Petition (Original Application) (CWPOA’s), as detailed in the memo of parties However, for the sake of clarity, facts of CWPOA No. 6113 of 2020, titled Suresh Chander v. Chaudhary Sarwan Kumar Himachal Pradesh Krishi Viswavidyalaya are being discussed herein.

2. Pursuant to decision of the Board of Management (hereinafter, ‘Board’) vide item No. 12(33) in its 58th meeting held on 26.3.1996, respondent-University implemented Pension Scheme for its employees with effect from 1.1.1997, which decision was circulated vide Notification dated 1.1.1997 (Annexure A-24), which reads as under:

“NOTIFICATION

In pursuance of the decision of the Board of Management taken vide item No. 12(33) of its 58th meeting held on 26.3.1996 and the Pension Rules formulated by the Committee so constituted, the Vice-Chancellor, HPKV, Palampur, is pleased to implement the Pension Scheme for the employees of the Himachal Pradesh Krishi Vishvavidyalaya w.e.f. 1.1.1997. The salient features of the scheme are as under:-

The existing employees of the University have the right to opt for the Pension Scheme or to continue to be governed by the CPF Rules. In case they opt for the Pension Scheme, they have to forego the University contribution credited to their CPF accounts alongwith interest thereon. If however, they opt to continue to be governed by the CPF rules, they will continue to be governed by the existing CPF rules as amended from time to time. In case an existing employee does not give any option within the prescribed period, the pension scheme would automatically be applicable to him.

The cases of employees who have retired from the University service during the period 1.1.1986 to the date of Notification of Pension Scheme, will be governed by rule 1.9 of the Pension Rules.

The existing employees/retired employees/families of the deceased employees are required to exercise option on the prescribed proforma (in qua-drupilcate) within a period of 4 months from the date of notification i.e. upto 30.4.1997. In case of staff posted in Tribal Area, the period of option shall be six months i.e. upto 30.6.1997.

The Pension Scheme would be applicable to all the fresh recruitees from the date of notification of the Pension Scheme.. Option once exercised shall be final. The Pension Rules and proforma for exercising option are enclosed.”

3. Pursuant to the aforesaid Notification, all the petitioners opted to be governed by CPF Rules. Subsequently, the respondent-University on the request having been made by various employees, issued fresh Notification dated 25.7.2002 (Annexure A-26), thereby affording another opportunity to the left out employees to switch over to the Pension Scheme. Notification dated 25.7.2002 reads as under:

“NOTIFICATION

On the recommendations of the Finance Committee vide Item No. 52(4) of its 52nd meeting held on 4.6.2002 the Board of Management vide Item No. 10 of its 75th meeting held on 28.6.2002 has been pleased to give an opportunity for 2nd option to the left out existing CSKHPKV employees to either retain CPF-cum-Gratuity Scheme or opt for GPF-cum-Gratuity Scheme the said option shall be exercised within 3