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Judgment
8 paragraphs · 267 wordsTarlok Singh Chauhan, J
The instant petition has been filed for grant of the following substantive relief:-
“i) That the respondents may be ordered to pay gratuity amount to the applicant as per notification dated September 2017 with all the benefits incidental thereof.”
It is not in dispute that the respondents themselves have issued Office Memorandum dated 8th January, 2021 on the subject:-Extension of benefits of ‘Retirement Gratuity and Death Gratuity’ to the Himachal Pradesh Government employees governed by New Defined Contributory Pension Scheme (known as NPS), para-2 of the same reads as under:-
“2. The matter for grant of benefit of Retirement Gratuity and Death Gratuity to regular Govt. employee, who were/are covered under New Pension Scheme (NPS) and who have retired/died in harness between the period w.e.f. 15.05.2003 to 21.09.2017 was under active consideration of the Government for some time past.”
According to the learned counsel for the petitioner, claim of the petitioner is squarely covered under Clause -2 of the aforesaid Office Memorandum. This is a matter, which is required to be considered by the employer/respondents.
Accordingly, we deem it appropriate to dispose of this petition by directing the respondents to consider and decide the case of the petitioner in terms of the Office Memorandum dated 08.01.2021, more particularly Para-2 thereof and take a decision within four weeks; and in case, the case of the petitioner is found to be covered by the said instructions, the consequential action be taken within two weeks thereafter. Ordered accordingly.
Pending application(s), if any, shall also stand disposed of. For compliance, list on 03.07.2024.