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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Ayodhya Devi – Appellant
Versus
State of H.P. – Respondent
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.,
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, t
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.
Daily wage service must be counted towards pension eligibility, allowing employees to qualify for benefits despite insufficient regular service years.
Daily wage service cannot be counted towards pension eligibility without a specific legal basis, as established in the Sunder Singh ruling, which is not applicable in this case.
The court emphasized that strict timelines for exercising pension options should not be applied harshly against lower-class employees unaware of such requirements.
The main legal point established in the judgment is the eligibility and entitlement to pension under the CCS (Pension) Rules, 1972, based on the petitioner's service history, including regular and de....
Under Rule 13 thereof, the service that qualifies for pension commences from the date the employee takes charge of the post to which he is appointed either substantively or in an officiating/temporar....
Failure to notify instructions to employees before implementation cannot be used to deny benefits, and ad-hoc service should be counted as qualifying service for computing pensionary benefits as per ....
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.
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