Prem Chand vs State Of H.P. & Others

Sureshwar Thakur, J

A perusal of paragraphsÂ​2 & 3 of the office memorandum of 8.1.2021, paragraphs whereof are extracted hereinafter:Â​

“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.

Now, after careful consideration of the matter, the State Government, in partial modification of para 5 of Office Memorandum No. Fin

(Pen)A(3)Â1/96, dated 18th 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). makes it clear that, visÂaÂvis, 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 aggrieved, liberty reserved to the petitioner to, in accordance with law, recourse all the

available remedies. All pending applications, if any, also stand disposed of.