CWP(T) No. 4234/2008 (OA 504/97) 19.5.2009 Present: Mr. Subhash Sharma, Advocate, for the petitioner. Mr. Vivek Thakur, Addl. Advocate General and Mr. J. S. Rana, Astt. Advocate General for respondents 1 to 3. The petitioner was given benefit of notional promotion w.e.f 30.11.1984 in terms of order dated 2.1.1994 (Annexure A-1). After his retirement the petitioner has sought pensionary benefits, however, vide letter dated 23.6.1995 (Annexure A-2) it is apparent that the petitioner’s case could not be considered in view of Rule 33 of CCS (Pension) Rules, 1972 as the benefit of promotion on notional basis cannot be considered for according such benefits. The matter was taken up at various levels and petitioner was duly informed of the said position in law. Letter dated 8.2.1996 (Annexure A-5) evidences said fact. Rules 33 and 34 of the CCS (Pension) Rules, 1972 unambiguously make the position clear. The benefits of pay fixed on notional basis, for the purposes of pension cannot be considered while according pensionary benefits to the employees. No doubt the office of the Accountant General of Himachal Pradesh clarified that it was up to the State to determine the question of admissibility of such benefits to its employees but however since the aforesaid Rules are applicable to the employees of the State hence there cannot be exception to the applicability of the same. -2- It cannot be said that the action of the respondents is contrary to the provisions of the law. Hence the present petition being devoid of merit is dismissed. (Sanjay Karol), Judge. May 19, 2009 (PK)