Soma Devi vs State Of H.P. & Ors

Jyotsna Rewal Dua, J

The case of the petitioner is that after serving respondent-department for over two decades, she retired from the Government service as Laboratory Attendant on 31.05.2022 on attaining the age of superannuation. Despite this, respondents did not release her retiral benefits. With this basic grievance, this writ petition has been filed for the grant of following substantive reliefs:-

“(i) That a writ in the nature of mandamus may kindly be issued, directing the respondents to release to the petitioner entire amount of pension/ arrear of pension/ pensionary benefits/ other retiral dues etc. alongwith interest accrued thereon as mentioned in Para 14 (i) to (vii) above, in the light of the judgment dated 17.07.2014 passed by this Hon'ble Court in CWP No. 3050 of 2014 titled as Nek Ram Vs. State of HP and others, as contained in Annexure P-7 and justice be done.

(ii) To grant to the petitioner such other consequential reliefs, which the Hon’ble Court may deem fit, just and proper in facts and circumstances of the matter.”

Respondents No.1 to 4 in their reply have submitted that the petitioner was initially appointed as Part Time Water Carrier on 19.12.1996. Her services were upgraded as Whole Time Contingent paid on temporary basis on 31.01.2002. She was further promoted as regular peon on 18.10.2003 i.e. after 15.05.2003, hence, GPF subscription of the petitioner was stopped in May 2019. Pursuant to an order passed by the erstwhile Administrative Tribunal on 14.05.2019, GPF account of the petitioner has been continued. Though according to learned counsel for the petitioner, regular scale was released to the petitioner w.e.f. 31.01.2002.

Respondents in their reply have also submitted that an amount of Rs.7,00,000/- has been released to the petitioner from her GPF account on 09.02.2022. Following detail of petitioner’s pending retiral dues has been given in the reply:-

“(i) GPF pending Rs. 3,59,708/-

(ii) DCRG Rs. 3,80,490/-

(iii) Earned Leave encashment - Rs. 4,11,340/-

It is pertinent to mention here that if the services of the petitioner are considered under NPS from the date of her joining i.e. 24-10-2003, then her NPS share would be Rs. 4,20,562/-. Therefore, till the final outcome of CWP 6446/2022- titled as Soma Devi vs State of H.P., above mentioned dues have been withheld to meet out expected recovery amount Rs. 4,20,562/- which may be recovered from Smt. Soma Devi (Retd. L.A.).”

Ms. Seema Sharma, learned Deputy Advocate General submitted that in view of the present day Policy/Notification issued by the State of Himachal Pradesh governing pension scheme to the Government employees, some of the legal submission made in reply filed on 03.12.2022 have lost their relevance. She further submitted that the respondents shall take fresh call towards determining the retiral benefits due & admissible to the petitioner.

In light of the submissions made by learned Deputy Advocate General, this writ petition is disposed of by directing respondent No.2/competent authority to examine and decide the case of the petitioner viz-a-viz release of her all due and admissible retiral benefits, in accordance with law, within four weeks from today, by passing a reasoned order, which shall be communicated to the petitioner. All retiral benefits due to the petitioner shall be released to her within the aforesaid period. Pending miscellaneous application(s), if any, shall also stand disposed of.