The court emphasized the need for reasonable notice to employees regarding option exercise timelines for pension eligibility, particularly for lower-class employees unaware of such requirements.

JUDGMENT :

Jyotsna Rewal Dua, J.

Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General and Mr. Tek Ram Sharma, learned Counsel, appear and waive service of notice on behalf of respondents No. 1 to 3 and respondent No.4, respectively.

With the consent of learned counsel for the parties, matter is taken up for disposal at this stage.

2. Petitioner was appointed as Lecturer on contract basis on 08.01.2010. His services were regularized on 01.07.2015. Petitioner superannuated on 30.11.2020. He had rendered more than ten years of service on the date of retirement for the purpose of pension under the Central Civil Services (Pension) Rules, 1972 [CCS (Pension) Rules, 1972].

3. On 04.05.2023, State Finance Department notified the Central Civil Services (Pension) (Himachal Pradesh Fourth Amendment) Rules, 2023, brought into force w.e.f. 01.04.2023. The notification amended Rule 2 of the CCS (Pension) Rules, 1972. As per notification, the amended rules were to apply to those Government servants as well, who were appointed substantively to the civil services and posts in connection with the affairs of the State of Himachal Pradesh during the period 15.05.2003 to 31.03.2023 covered under Contributory Pension Scheme (National Pension System) and opted to shift to the CCS (Pension) Rules, 1972. They were to get pensionary benefits under these rules subject to deposit of the Government contribution and dividend/return earned thereon, under the National Pension System to the State Government.

Further, as per second proviso to Rule 2(g), the rules were to apply to the Government servants who had already retired or died in harness during 15.05.2003 to 31.03.2023, if such retired Government servants or eligible family members exercise their option to get the pensionary benefits under these rules from prospective date i.e. w.e.f.01.04.2023.

Respondents issued another office memorandum dated 04.05.2023, issuing instructions/SOPs. Clauses (i),(ii), (iii) and (vii) of the said office memorandum read as under: -

“(i) An employee, who wishes to remain under the National Pension System, shall exercise an option, within sixty days from the date of issuance of these instructions, at Annexure-I, which shall be duly notarized and submitted to the Head of Office. Such employee(s), shall continue to be covered under the National Pension System (also known as Contributory Pension Scheme), The contributions (both employer's and employee's share) under the National Pension System, shall be deposited as per the Pension Fund Regulatory and Development Authority Regulations, till the retirement of employee(s).

(ii) The Government employees who wishes to be covered under the Central Civil Services (Pension) Rules, 1972, also known as Old Pension Scheme, shall exercise an option, within sixty days from the date of issuance of these instructions, on the prescribed format at Annexure-II. An undertaking shall also be furnished by such employees on the prescribed format at Annexure-III. The 'option' and 'undertaking' as per the Annexure-II and Annexure- III, shall be duly notarized and same will be submitted to the Head of Office.

(iii) An Option once exercised by the Government employees, either opting for the Central Civil Services (Pension) Rules, 1972 or the National Pension System shall be final and irrevocable. If an employee fails to exercise an option within the stipulated period, it shall be deemed that he/ she wishes to be continued under the National Pension System.

(iv) to (vi) ………………………………

(vii) Employees, who were covered under the National Pension System (NPS) and have already retired/ died, between the period 15.05.2003 to 31.03.2023 and who fulfil the eligibility criteria under the Central Civil Services (Pension) Rules, 1972, such retired employee and eligible family member of deceased employee, shall be entitled to pension from prospective date i.e. with effect from 01.04.2023, on exercising an option for the same on the prescribed format at Annexure-II