R.K.SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, by means of present petition, seeks the relief by a writ of certiorari for quashing the decision communicated vide Annexure P-6 to the effect that the Corporate Sector Pension Scheme Annexure P-2 will not be applicable to those employees who have voluntary retired even though they are otherwise eligible in terms of Pension Scheme notification and also for writ of mandamus for releasing pensionary benefits in terms of Corporate Sector Pension Scheme (Annexures P-2 and P-3) in a time bound schedule. The facts giving rise to the present petition can be stated thus. The respondent-State framed a Corporate Sector Pension Scheme, which was notified on 29.10.1999. It provided for pension to the Corporate Sector Employees from the employer's contribution to the provident fund. By virtue of Clause 2 (2) thereof all employees of the H.P. Corporate Sector were required to opt in writing in the prescribed form, within a period of 30 days from the date of notification of the said scheme as to whether they would like to be governed by this scheme or by the existing statutory provisions. In case an employee did not exercise his option within the stipulated period, it was to be treated as deemed exercise of option under the existing pension scheme.

(2.) The Scheme aforesaid was repealed vide notification dated 2.12.2004 and a new notification provided that all those who retired between 1.4.1999 to 2.12.2004 shall continue to be governed by the 1999 notification. It is also provided that the respective Corporations/Boards shall be the sanctioning/disbursing authorities for such retirees and their employer share of C.P.F. including the interest thereon shall be transferred to respective Corporations/Boards and they shall form a pension fund. Whereas, the other employees continued to be governed under the provisions which were already applicable to them as on 31.3.1999.

(3.) The record reveals that the Pension Scheme aforesaid though notified, but was not implemented by the respondents. Therefore, some of the employees sought its implementation through the process of the Court. This Court in CWP-T No. 2530 of 2008: R.K. Soni v. State of H.P. and others, in its concluding para of the order directed the respondent-Department for its implementation, which read as under: