IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 6260 of 2010. Decided on: March 08, 2011. Dr. Sunil Sharma ….. Petitioner. Versus State of H.P. & Ors. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Mr. Dushyant Daadwal, Advocate. For Respondents-State : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. A.G. and Mr. J. K. Verma, Dy. A. G. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner is aggrieved since he has been directed to switch over to the Contributory Pension Scheme introduced as per the notification dated 17-8-2006. It is seen that the said Contributory Pension Scheme was introduced in view of the discontinuance of GPF in the case of employees appointed by the State Government after 15-5-2003. 2. It is the case of the petitioner that he had been appointed on contract/adhoc/tenure basis prior to 15-5-2003 and from the very initial date of appointment he had been contributing to the GPF. At any rate, it is contended that since he has been regularized in service, he can not be compelled to switch over to the CPF. 3. The Learned Advocate General submits that GPF having been discontinued w.e.f. 15-5-2003, as per the amendment introduced under 2 the CCS (Pension) Rules, 1972 (Annexure P-1) and since the petitioner has been appointed regularly in service after 15-5-2003, he is not entitled to be a subscriber of GPF. It is further submitted that only to provide for the welfare of such employees appointed after 15-5-2003, the State has introduced Himachal Pradesh Civil Services Contributory Pension Rules, 2006. No doubt, it is notified only on 17-8-2006. 4. But the fact remains that CCS(Pension) Rules, 1972 were made inapplicable only as per the amendment referred to above in the case of employees appointed after 15-5-2003. However, on the introduction of CPF, in case any GPF subscription had been made from the employees de horse the amendment to the CCS (Pension) Rules 1972 as referred to above, such subscriptions are to be diverted to the CPF, so that such employees do not face any difficulty. In other words, the employees will get the benefit of the contributory pension scheme with effect from the date of their appointment i.e. after 15-5-2003 and they will also be entitled to the consequential benefits of the subscriptions already made to the GPF Scheme but diverted to the CPF Scheme. 5. It is seen from Annexure P-2 Memorandum dated 5.3.2007 in the matter of regularization of Adhoc/Contractual Medical Officers that such employees have been regularized in service with the following among other conditions: “7. The pay of Adhoc/Contractual Medical Officers who have been appointed prior to December, 2002 and allowed Regular scale with increments may be protected while adjusting them in the pay scale of Rs.7880- 13500. 8. Seniority will be given in the following manner: 3 i) Date of joining as Adhoc/contractual Medical Officer. ii) in case of same Date of joining, Date of Birth has been taken as second distinguished criterion.” 6. Therefore, for all practical purposes in the case of this doctor, he has been granted the date of appointment as the date of joining as adhoc/contractual Medical Officer. It is further seen that he has been granted increment and seniority w.e.f. the date of joining as adhoc/contract Medical Officer. 7. In that view of the matter, the submission is that the petitioner is to be deemed to be appointed prior to 15.5.2003 for the purpose of contribution to the GPF and CCS (Pension) Rules, 1972. To what extent CCS (Pension) Rules, 1972 and GPF Rules are interconnected is itself a larger question under Rule 4 of the GPF Rules, then only restriction is that, a contributory to CPF cannot continue GPF. 8. Having regard to the CCS (Pension) Rules, 1972, having regard to the GPF Rules and having regard to the submissions as above, we are of the view that in the case of the petitioner, the matter requires fresh consideration by the Government. Since the amendment introduced is w.e.f. 15.5.2003, only those appointments made in the State of Himachal Pradesh on or after the date of publication of the notification namely, on 15.5.2003, are not to be covered by CCS(Pension) Rules, 1972. It is also to be noted as per the Scheme dated 17.8.2006, the same is only made applicable to the new appointees appointed after 15.5.2003. 9. Having regard to the factual matrix and legal position as referred to above, whereby the appointments though on adhoc/contractual/tenure basis having been made prior to 15.5.2003 and which appointments having 4 been given effect by way of regularization with effect from the date of adhoc/tenure /contractual basis, the contentions as referred to above, assume significance and force. Therefore, the writ petition is disposed of directing the first respondent to consider the case of the petitioner afresh and take appropriate action in the matter expeditiously. Till the orders are passed as above, interim order passed in this case will continue. 9. With these observations, the writ petition stands disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. March 08, 2011. ( Justice Sanjay Karol ), (rana) Judge.