Himachal Pradesh High Court
Nikku Ram vs State Of H.P. & Ors on 14 December, 2022
Bench: A. A. Sayed, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.8392 of 2022
Decided on: 14th December, 2022
______________________________________________________
.
Nikku Ram .....Petitioner
Versus
State of H.P. & Ors. ...Respondents
_______________________________________________________
Coram
The Hon'ble Mr. Justice A. A. Sayed, Chief Justice
The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
1
Whether approved for reporting?
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For the petitioner: Mr. A.K.Gupta and Mr. Bonit Prakash,
Advocates.
For the respondents: Mr. Adarsh K. Sharma, Additional
Advocate General, for respondent Nos.1
to 5.
Mr. Tek Ram Sharma, Advocate, for
respondent No.5.
A. A. Sayed, Chief Justice (Oral)
The petition has been filed seeking a direction to pay the pension and other retiral benefits of the petitioner from the due date. It is the case of the petitioner that he was engaged as daily waged Beldar w.e.f. 01.01.1993 and his services were brought on work charge establishment on 01.01.2003. He was retired from service on 30.09.20211 and deprived of pension on the ground that he did not have the qualifying service of ten years to his credit. 1 Whether reporters of Local Papers may be allowed to see the judgment? ::: Downloaded on - 15/12/2022 20:32:27 :::CIS -2-
2. Learned counsel for the petitioner submits that the case of the petitioner is covered by the judgment of the Hon'ble Supreme Court dated 8th March, 2018 in Civil Appeal No.6309 of 2017, titled .
Sunder Singh Vs. The State of Himachal Pradesh & others, as explained by the Hon'ble Supreme Court in judgment dated 18th July, 2022, rendered in Civil Appeal No.4792 of 2022, titled Balo Devi Versus State of H.P. & Ors. Learned counsel for the petitioner states that the petitioner would be content, if the present petition is disposed of by directing the respondent No.2-The Engineer-in-Chief, I & PH, to consider his case in light of aforesaid judgments.
3. In view of the above, we dispose of the present petition by directing respondent No.2 to consider and decide the case of the petitioner in light of the aforesaid judgments and take a decision thereon within a period of eight weeks from today.
4. Pending miscellaneous application(s), if any, also to stand disposed of.
(A.A. Sayed)
Chief Justice
(Jyotsna Rewal Dua)
December 14, 2022 Judge
R.Atal
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