CCS Pension Rules | Pension Can’t Be Arbitrarily Denied To Employees Under Old Scheme Who Were Transferred Without Break In Service: HP High Court
The Himachal Pradesh Excessive Court docket has held that an worker cannot be arbitrarily denied pension below outdated scheme when he was transferred by means of the correct channels and with none break in service.
Justice Satyen Vaidya: “Within the information of the case in hand, petitioner additionally certified different situation as he had been transferred to the borrowing employer by means of correct channel w.e.f. 15.11.2002 when the 1999 Scheme was nonetheless in pressure. His absorption was with none break in service and as such, all the necessities of technical resignation have been met.”
Background Details:
The petitioner, Parneet Kumar was initially appointed as a helper in 1985 in a Authorities of Himachal Pradesh organisation. In November 2002, he was transferred to the State Social Girls Welfare Division, the place he joined as a Junior Assistant. In February 2013, he was completely absorbed within the division and retired as Junior Assistant from the workplace of Youngster Improvement Officer, on Could, 2015.
Upon retirement, he was issued a Pension Cost Order of ₹8,845 per 30 days. His gratuity was sanctioned at ₹5,36,940. Nevertheless, in Could 2018, his pension was stopped, and he was paid solely ₹2,35,500 as gratuity as a substitute of the complete sanctioned quantity.
Aggrieved, the petitioner filed a writ petition earlier than the Excessive Court docket, claiming entitlement to pension below Central Civil Service (Pension) Guidelines, 1972, and fee of the remaining gratuity.
The State contended that the petitioner was completely absorbed within the division in 2013, he was ruled by the Himachal Pradesh Civil Companies Contributory Pension Guidelines, 2006, which apply to staff appointed after Could 15, 2003. Subsequently, the State argued that he couldn’t declare advantages below the outdated pension scheme.
Findings:
The Court docket noticed that the petitioner had opted for the Himachal Pradesh Company Sector Staff (Pension, Household Pension, Commutation of Pension and Gratuity) Scheme, 1999, which was notified by the State Authorities on October 29,1999, and made efficient from April 1, 1999.
Underneath this scheme, the pension advantages have been to be decided below the Central Civil Companies (Pension) Guidelines, 1972. The Court docket noticed that though the 1999 Scheme was repealed on December 2, 2004, and the petitioner was transferred on November 15, 2002, when the scheme was nonetheless relevant.
The Court docket famous that his switch passed off by means of the correct channel and his absorption was with none break in his service. It held that this fulfilled all of the circumstances of technical resignation, a precept which permits uninterrupted counting of previous service when an worker shifts between authorities departments.
Crucially, the Court docket famous that the petitioner’s absorption letter itself acknowledged that staff appointed on or earlier than Could 14, 2003 and who have been ruled by the Central Civil Companies (Pension) Guidelines, 1972, of their mother or father organisation would proceed to be ruled by these Guidelines for pension advantages after absorption.
Thus, the Court docket held that the petitioner is entitled to pension as per the Central Civil Companies (Pension) Guidelines, 1972, as he had been transferred by means of the correct channel, additionally, his absorption was with none break in service and all the necessities of technical resignation have been met out.
Case Title: Parneet Kumar v/s State of H.P. & Ors.
Case No.: CWPOA No. 6190 of 2020
Date of Choice: 02.07.2025
For the Petitioner: Mr. Vinay Sharma, Advocate.
For the Respondents: Mr. Hemant Ok. Verma, Dy. A.G., for respondents No. 1 and a couple of/ State.Ms. Ruchika Khachi, Advocate, vice Mr. C.D. Negi, Advocate,for respondent No.3. Mr. Lokender Paul Thakur, Senior Panel Counsel, for respondent No.4.
