IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Lachhman Dass Thakur – Appellant
Versus
State of H.P. – Respondent
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
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.
The court emphasized that strict timelines for exercising pension options should not be applied harshly against lower-class employees unaware of such requirements.
The court ruled that procedural rigidity should not deny pension benefits to employees, especially when eligibility is undisputed, emphasizing fair treatment for lower-grade employees.
Petitioners appointed post-01.01.2004 are entitled to one-time option under CCS(Pension) Rules based on recruitment prior to National Pension System notification.
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