IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No.16061 of 2008 Decided on : May 19, 2010 Vijender Dutt Sharma …Petitioner. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Surjit Singh, Judge. For the Petitioner : Mr. M.C. Verma, Advocate. For the Respondents : Mr. R.K. Sharma, Senior Additional Advocate General, Advocate, for respondents No.1 and 2. Mr. Sandeep Sharma, Assistant Solicitor General of India, for respondent No.3. Justice Kurian Juseph, C.J.(Oral) Petitioner is aggrieved since he has been granted only 1/3rd restoration of pension. Having served the Government for about seventeen years, he moved on to the Himachal Pradesh Mineral Corporation and at that time he had been paid a lump sum towards commutation of 100 per cent of his pension. 2. It is seen from the reply that the restoration is limited to 1/3rd only in view of Annexure R-1 office memorandum. What essentially the petitioner seeks is the modification of Annexure R-1 office memorandum and consequential restoration of his pension in full. 3. Petitioner relies upon several judgments of the Supreme Court to the effect that after a period of 15 years, …2… pension has to be restored in full. Since office memorandum, referred to above, stands in the way and since the validity of the same being not under challenge in this writ petition, we are of the view that an opportunity can be given to the petitioner to move a representation before the respondents seeking modification of office memorandum. Therefore, we dispose of the writ petition directing the respondents that in the event of petitioner moving the government by way of making appropriate representation, seeking modification of Annexure R-1 office memorandum, matter shall be duly considered by the Government, adverting to the contentions taken by the petitioner and appropriate order in accordance with law shall be passed within four months, on production of the copy of this judgment alongwith a copy of writ petition. 4. Pending application, if any, also stands disposed of. Copy dasti. ( Justice Kurian Joseph ) Chief Justice. ( Justice Surjit Singh ) May 19, 2010(sd) Judge.