IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No.15580 of 2008. Date of decision: 07.12.2010 ------------------------------------------------- Kishori Lal Petitioner. Petitioner Versus State of Himachal Pradesh & others. Respondents Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, J. For the petitioner: Mr. Shashi Shirshoo, Advocate. For the respondents: Mr. R.K.Bawa, Advocate General with Mr. Ankush Dass Sood Addl. A.G. with Mr. J.K.Verma, Dy. Advocate General for respondents No.1 and 2. Justice Kurian Joseph,C.J.(Oral): Petitioner is aggrieved since he has been denied the benefit of the Contributory Pension Scheme. Though the petitioner has asked for counting his service with effect from 01.01.1975 on the ground that he had contributed to the General Provident Fund, the fact remains that there was no pension scheme available in the Municipal Committee or the Municipal Corporation. Contribution to the General Provident Fund has nothing to do with the pension. The scheme available was only Contributory Pension Scheme. According to the Corporation, the same was deducted only with effect from 01.01.1994 and the petitioner retired in 2003. Therefore, he did not have the required 10 years of service after starting the contribution to the Contributory 2 Provident Fund and hence pension cannot be granted. But it is seen that the arrears with effect from 01.01.1992 had already been deposited by the petitioner and the same had been accepted also. Therefore, for all purposes, the petitioner has to be treated as to have contributed to the Contributory Pension Fund with effect from 01.01.1992. Therefore, this petition is disposed of directing the respondents to take appropriate action in the case of the petitioner treating him to have become a member of the Contributory Provident Fund with effect from 01.01.1992. The needful shall be done within a period of two months from the date of production of the copy of this judgment. The benefits to which the petitioner will be entitled shall be disbursed to him within a period of one month and if not paid, the petitioner will be entitled to interest @ 10% with effect from the date of his retirement. 2. With these observations, the writ petition stands disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph) Chief Justice December 7, 2010 ( Justice V.K. Ahuja ), (SDS/krt) Judge