Disposed

Prem Chand v. State of H.P

Himachal Pradesh HC8 Jul 2021CWPOA/992/2019

Case brief

AI extract

What is this about?

In this writ petition regarding retirement gratuity for employees under the New Pension Scheme (NPS), this court found that the State Government had decided to grant benefits retrospectively effective 15.5.2003 to employees who retired or died in harness between 15.5.2003 and 21.9.2017. Based on this, the court directed the respondents to consider the petitioner's case and decide within four weeks

What did the court decide?

Directed respondents to consider the petitioner's claim and decide within four weeks after a hearing, reserving liberty for further remedies.

Prem Chand Vs State of H.P — Pension and Retirement Benefits | Himachal Pradesh HC (2021)

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPOA No. 992 of 2019 Date of decision: 8.7.2021

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Prem Chand ….Petitioner. Versus

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State of H.P. & others ...Respondents.

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Coram:

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The Hon’ble Mr. Justice Sureshwar Thakur, Judge.

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Whether approved for reporting?¹

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For the petitioner: Mr. Devender Sharma vice Mr. C. N. Singh, Advocate. For the respondents: Mr. Hemant Vaid Addl. A.G. with Vikrant Chandel, Dy. A.G, for respondents No. 1 to 3.

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Sureshwar Thakur, Judge (oral):

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A perusal of paragraphs2 & 3 of the office memorandum of 8.1.2021, paragraphs whereof are extracted hereinafter:

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“The matter for grant of benefit of Retirement Gratuity and Death Gratuity to regular govt. employees who were/are covered under New Pension Scheme (NPS) and who have retired/died in harness between the period w.e.f. 15.5.2003 to 21.9.2017 was under active consideration of the Government for some time past.

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1 Whether reporters of the local papers may be allowed to see the judgment?

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-2-

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Now, after careful consideration of the matter, the State Government, in partial modification of para 5 of Office Memorandum No. Fin (Pen)A(3)1/96, dated 18^th September, 2017 has decided that these instructions shall be applicable retrospectively w.e.f. 15.5.2003 to regular employees governed by New Defined Contributory Pension Scheme (i.e. New Pension Scheme).

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makes it clear that, visavis, those government employees who were/are covered under New Pension Scheme (NPS), and, who have retired/died in harness in the interregnum, commencing from 15.5.2003 to 21.9.2017, were considered for granting them the benefit of retirement gratuity, and, death gratuity, through instructions made, on 18.9.2017, and, that the afore instructions being made applicable retrospectively w.e.f. 15.5.2003. Consequently, believing the statement made at the bar by the learned counsel for the petitioner, that the case of the present petitioner is covered within the ambit of the afore instructions, the respondents may proceed to consider to grant the afore benefit to the present petitioner also. The respondents shall through a speaking order make a decision upon the writ claim, and, the afore decision shall be made, within a period of four weeks from today, only after affording an opportunity of hearing to the writ petitioner,. In case the petitioner is still

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aggrieved, liberty reserved to the petitioner to, in accordance with law, recourse all the available remedies. All pending applications,

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if any, also stand disposed of.

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(Sureshwar Thakur) 8^th July, 2021 Judge (kck)

Prem Chand v. State of H.P

Case brief

What is this about?

What did the court decide?

Prem Chand v. State of H.P

Case brief

What is this about?

What did the court decide?

What the court decided

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