Disposed

Sanjay Kumar v. State of Hp

Himachal Pradesh HC10 Apr 2024CWPOA/4687/2020

Case brief

AI extract

What is this about?

Multiple writ petitions seeking Old Pension Scheme benefits were disposed of as infructuous after the State offered and the petitioner exercised the option under the relevant 2023 notification. For cases failing service criteria, the State was directed to consider the Sundar Singh judgment.

What did the court decide?

Writ petitions disposed of as infructuous; respondents directed to adhere to undertaking and consider qualifying service criteria in other cases.

Sanjay Kumar Vs State of Hp — Pension and Retirement Benefits | Himachal Pradesh HC (2024)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

¶2

CWPOA No. 4669 of 2020 alongwith connected matters Decided on: 10^th April, 2024

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	CWPOA No. 4669 of 2020
Ranjeet Singh		.......Petitioner
	Versus
State of H.P. and	others	...Respondents
	CWPOA No. 4687 of 2020
Sanjay Kumar		.......Petitioner
	Versus
State of H.P. and	others	...Respondents
	CWPOA No. 5658 of 2020
Vinod Kumar		.......Petitioner
	Versus
State of H.P. and	others	...Respondents
	CWPOA No. 5666 of 2020
Arun Kapoor		.......Petitioner
	Versus
State of H.P. and	others	...Respondents
	CWPOA No. 5759 of 2020
Ashwani Kumar		.......Petitioner
	Versus

¶4

¶5

State of H.P. and	others		...Respondents
	CWPOA	No. 5771 of 2020
Kuldeep Chand			.......Petitioner
		Versus
State of H.P. and	others		...Respondents
	CWPOA	No. 5772 of 2020
Dile Ram			.......Petitioner
		Versus
State of H.P. and	others		...Respondents
	CWPOA	No. 5801 of 2020
Dila Ram			.......Petitioner
		Versus
State of H.P. and	others		...Respondents
	CWPOA	No. 5805 of 2020
Soma Devi			.......Petitioner
		Versus
State of H.P. and	others		...Respondents
	CWPOA	No. 5807 of 2020
Pawan Kumar			.......Petitioner
		Versus
State of H.P. and	others		...Respondents

¶6

¶7

CWPOA No. 5809 of 2020

¶8

Amarender Rawat .......Petitioner

¶9

Versus

¶10

State of H.P. and others ...Respondents

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Coram

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The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?¹

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For the petitioner(s): Mr. Adarsh K. Vashisth, Advocate. For the respondents: Mr. I.N. Mehta, Sr.Addl. A.G, Mr. Ramakant Sharma, Addl. A.G.

¶14

Tarlok Singh Chauhan, Judge (Oral)

¶15

Learned Additional Advocate General has placed on record instructions dated 06.04.2024, which reads as follows:-

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“The above mentioned CWPOA is pending adjudication before the Hon’ble High Court. In compliance to the directions of Hon’ble High Court in the aforesaid matter, it is submitted that pursuant to an option exercised by the petitioner for Old Pension Scheme (OPS) on dated 15.05.2023 (copy marked as Annexure-A) in reference to Notification No.Fin(Pen.)A(3)-1/2023 dated 04.05.2023, the GPF Number HP07-37468 (copy marked as Annexure P-B) has also been allotted in favour of the petitioner for the purpose of pension and now nothing remains to be redressed on the part of the respondent and as such the present petition has become infructuous.

¶17

1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.

¶18

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In view of above, you are requested to apprise the Hon’ble High Court accordingly on the date of listing the matter i.e. 10.04.2024.”

¶20

Now that the State has considered the claim of the petitioner(s) for grant of Old Pension Scheme (OPS), all these writ petitions, wherein this relief has been granted are disposed of on the basis of aforesaid instructions, with a direction to the respondents to adhere to the aforesaid undertaking.

¶21

There are certain other cases where the petitioners do not meet the criteria of requisite qualifying service for grant of pension. In those cases, the respondents shall take into consideration the judgment passed by the Hon’ble Apex Court in Civil Appeal No. 6309 of 2017 , titled as Sunder Singh vs.

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The State of Himachal Pradesh and others .

¶23

With the above observations, all the writ petitions stand disposed of, so also the pending applications, if any.

¶24

April 10, 2024 ( Sushil Kukreja ) (naveen) Judge

Sanjay Kumar v. State of Hp

Case brief

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Sanjay Kumar v. State of Hp

Case brief

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