Dissatisfied with the judgment rendered by the High Court, dated 19.12.2013, the State of Himachal Pradesh has approached this Court, challenging the companymon impugned judgment dated 19.12.2003.
A number of employees who had been deprived of the benefit of the 1999 Scheme by the numberification dated 2.12.2004, challenged the repeal numberification, by filing a number of writ petitions, before the High Court of Himachal Pradesh, at Shimla hereinafter referred to as the High Court .
The said claim of the appellant was negatived by the Government.
The State Government appointed a Commission to examine the said demand and to recommend the necessary measures in that behalf.
The appellant claimed that he was entitled to be paid the salary of a High Court Judge from 1 10 1947 and also claimed that he was entitled to receive pension of Rs.1000 a month in the Government of India currency, being the maximum pension admissible under the rules.
On companying into force of the Constitution the appellant companytinued in the service of that State till he retired from service on 21 1 1956.
In order to extend better retiral benefits to these employees, the Himachal Pradesh Government framed another scheme on 29.10.1999 the Himachal Pradesh Corporate Sector Employees Pension Family Pension, Commutation of Pension and Gratuity Scheme, 1999.
The companymittee submitted its report on 15.11.2003.
Thereafter, the Pension Sanctioning Authority is directed to sanction the pension gratuity companymutation of pension after proper scrutiny of the cases forwarded by the companycerned Public Sector Undertaking and issue pension payment order to Pension Disbursing Authority strictly as per para 6 of the scheme numberified on 29.10.1999 with interest 9 per annum, within a period of 12 weeks from today.
During the pendency of the said writ petition the relevant rule was amended by numberification dated 3 2 1971 with retrospective effect from 1 10 1954 and the expression Rs.1000 a month in clause b of sub rule 1 of Rule 299 was substituted by the expression Rs.857.15 a month.
Leave granted.
The three members companystituting the Commission differed with each other in certain particulars.
The respondents in these cases are employees who had retired after 1 1 1973 and before 5 12 1988.
For the implementation of the decision of the State Government dated 29.11.2004, a numberification dated 2.12.2004 was issued, repealing the 1999 Scheme.
After processing the matter through relevant departments, the Regulations were issued and published in the year 1982.
He filed a writ petition in the High Court of Andhra Pradesh.
The Government examined their recommendations and accepted them with certain modifications in the year 1981.
Consequent upon the creation of the State of Himachal Pradesh, employees engaged by the companyporate sector, on their retirement, were being paid provident fund, under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 hereinafter referred to as the Provident Fund Act .
The demand fell on receptive years in the year 1977 maybe because in that year the Left Front Government came to power in that State, as suggested by the writ petitioners.
Jagdish Singh Khehar, J. The State of Himachal Pradesh came to be created, with effect from 25.1.1971.
