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.

JUDGMENT :

Jyotsna Rewal Dua, Judge

Pursuant to order dated 08.05.2025 passed in this writ petition, learned Additional Advocate General has placed on record instructions dated 08.05.2025 from Director of Agriculture, Himachal Pradesh.

2. Ayodhya Devi vs. State of H.P. & Ors., CWP No.12218 of 2024 decided on 04.11.2024 was instituted by the petitioner seeking directions to the respondents to count the daily wage service rendered by her towards pensionary benefits, certain other consequential reliefs were also prayed therein. The writ petition was disposed of with direction to the respondents to consider therepresentation preferred by the petitioner for redressal of her above grievances in accordance with law.

Respondents considered petitioner’s representation and vide office order dated 07.04.2025 rejected the same with the following reasoning:-

“AND WHEREAS, in pursuance to Office Memorandum dated 04.05.2023, the petitioner has submitted her option for NPS instead of OPS on 09.06.2023 which diarized on 20.06.2023 bearing diary No. 2967. As per the clause (iii) the 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. Therefore, second option for OPS is not considerable.”

Petitioner feels aggrieved against the above office order and therefore has preferred this writ petition for following substantive reliefs:-

“i). That the respondents may be directed to add services rendered by the petitioner on Daily wage basis towards the pensionary benefits and pension after taking into account the aforesaid services may be ordered to be granted to the petitioner on her attaining the age of superannuation and order dated 27.04.2025 i.e., Annexure P- 10 whereby rejecting the case of the petitioner is liable to be quash and set aside in the light of the judgement passed by Hon’ble Apex court in Sunder Singh vs. State of HP & others in Civil Appeal 6309 of 2017 i.e., Annexure P-12.

ii). That by Applying the ratio of the Apex Court judgment in Civil Appeal No. 4792 of 2022 titled as Balo Devi Vs State of H.P. & others, as petitioner has rendered more than 8 years of regular service i.e., though less than 10 years of service and for such reason her services may be ordered to be reckoned as 10 years, which makes her qualified for pensionary benefits and she may be held entitled to all retiral benefits i.e. leave encashment, gratuity, commutation etc. after superannuation.”

3. Heard learned counsel for the parties and considered the case file.

4. Following factual position pertaining to the services particulars of the petitioner has been admitted by the respondents in the impugned office order dated07.04.2025:-

4(i). Service of the petitioner was converted as daily wager on 20.07.2009 from part-time worker (Class-IV employee). Petitioner rendered daily wage service from 20.07.2009 onwards till her regularization on 09.10.2017.

4(ii). Petitioner had rendered 8 years 2 months and 22 days of daily wage service. She had also rendered 7 years 10 months and 21 days of regular service on the date of passing of the impugned office order.

5. Petitioner’s claim in her previous writ petition for counting her daily wage service towards pension in accordance with law laid down in Sunder Singh Versus The State of Himachal Pradesh & Ors., Civil Appeal No. 6309 of 2017 decided on 08.03.2018and Balo Devi & Ors. vs. State of Himachal Pradesh & Ors., Civil Appeal No. 4792 of 2022 decided on 18.07.2022., has not been disputed by the respondents while considering her representation under impugned office order dated 07.04.2025.

The respondents have rejected the case of the petitioner claiming pensionary benefits on the ground that petitioner had submitted her option for National Pension System (‘NPS’) instead of Old Pension Scheme (‘OPS’) on 09.06.2023. That in terms of Clause (iii) of office memorandum dated 04.05.2023, the option once exercised by the Go