IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No.6265 of 2008. Date of Decision: 16th August, 2010. Dr.Parmod Singh Katoch …Petitioner. Versus. State of H.P. and others …Respondents. Coram: The Hon’ble Mr.Justice Deepak Gupta, Judge. Whether approved for Reporting? No For the Petitioner(s): Mr.Bhuvnesh Sharma, Advocate. For the Respondent(s): Mr.Vivek Singh Thakur, Addl.A.G. for respondents No.1 & 2. Mr.Sandeep Sharma, Assistant Solicitor General for respondent No.3. Deepak Gupta, J.(oral) The main grievance of the petitioner is that the service rendered by him from 16.8.1958 to 31.3.1969 with the Tal Medical Aid & Public Health Society Ltd., District Hamirpur should be counted for working out his pensionary benefits. The stand of the respondents-State is that they had forwarded the case of the petitioner to respondent No.3 i.e. the office of the Accountant General but the said office did not agree to count these services. The stand of respondent No.3 is as follows: “6. The pension case of the applicant was finalized in terms of CCS (P) Rules, 1972. Regarding non-counting of service w.e.f. 16.8.1958 to 31.3.1969 rendered by the applicant in Tal Medical Aid and Public Health Cooperative Society Hamirpur, it is submitted that the said Co-operative Society was taken over by the Government w.e.f. 1.4.1969. As per pension rule, the service rendered by an employee under any co-operative society is treated as qualifying 2 service towards pensionary benefits provided Government share of C.P.F. is remitted into Government account. In case there is no any provision in the institution in this regard, then there should be a specific order of the State Government regarding counting of service towards pensionary benefits. In this case as informed by the respondent Department there was no any provision of Contributory Provident Fund in said institution, thus, there should have been a specific order of the State Government. But as per records, there is no any specific order of the State Government in this regard. However, if pension case of the applicant with the copy of specific order of State Government regarding counting of service w.e.f. 16.8.1958 to 31.3.1969 is re-submitted by the respondent Department, the replying respondent will consider the case for revision of pensionary benefits, if otherwise the case is found in order. Rest of the averments needs no submission.” It is apparent from the stand of respondent No.3 that it had agreed to re-consider the case of the petitioner in case the Department sends a copy of the specific order of the State Government regarding counting of service of the petitioner from 16.8.1958 to 31.3.1969. In case the State Government had issued such directions, it is bound to re-forward the case of the petitioner. The writ petition is disposed of with a direction that the respondents 1&2 shall again send the case of the petitioner with all relevant documents to the office of the Accountant General within six weeks from today and the respondent No.3 shall take decision thereon within six weeks thereafter. There will be no order as to costs. August 16, 2010 ( Deepak Gupta ) PV Judge.