Himachal Pradesh High Court
Sh. Pratap Singh vs State Of H.P & Others on 30 October, 2020
Bench: Sureshwar Thakur, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 2895 of 2020 .
Reserved on : 27.10.2020
Decided on : 30.X.2020
Sh. Pratap Singh Petitioner.
Versus
State of H.P & others Respondents.
Coram:
Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
Yes.
Whether approved for reporting?1 For the petitioner(s): Mr. A.K Gupta, Advocate.
For the respondents: Mr. Hemanshu Mishra, Mr. Ashwani Sharma, Additional Advocates General for respondents No. 1 to 4.
Mr. Sudhir Thakur, Sr. Advocate with Mr. Karun Negi, Advocate, for respondent No.5.
(Through video conferencing).
Sureshwar Thakur, Judge The writ petitioner became superannuated from service on 31.10.2016, however, since the respondents failed to process, his pension case, nor obviously bestowed, upon him, all the apposite pensionery, and, other retiral benefits, merely, on the prime arch, of, validly discarding(s) being made, vis-a-vis, those period(s) of his 1 Whether reporters of the local papers may be allowed to see the judgment?
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rendering service, under, the respondents, hence on a work charge .
basis, (a) thereupon, the petitioner strives through the instant petition, for, a mandamus, for the espoused purpose, being made upon the respondents.
2. The uncontroverted fact which makes its starking upsurging, appertains to work charge status, becoming conferred, upon, the writ petitioner w.e.f 1.1.2001. However non-computation of the period of service, hence rendered, in a work charge capacity by the petitioner under the respondents, becomes arched upon the factum, vis-a-vis the afore factum being under consideration, of, the law Department, of, the Himachal Pradesh Government.
3. However the afore reared contention, becomes completely, ripped of its efficacy, through a verdict recorded, on 18.12.2018, by this Court in CWP No. 2384 of 2018 titled as State of H.P and others versus Sh. Matwar Singh and another, (a) wherein a declaration of law exists qua the period of rendition of service, by an employee, in a work charge capacity, and, whereafter it becomes succeeded, by, a regular appointment, (i) thereupon it becoming amenable for its computation, hence, as the apposite qualifying ::: Downloaded on - 02/11/2020 20:18:13 :::HCHP ...3...
service, for, the purpose of pension, and, also for the purpose, of, .
other retiral benefits.
4. Since it is also mandated therein qua executive instructions, to the contrary, if any, issued by the Finance Department, theirs rather becoming amenable to be discountenanced or being quashed and set aside, especially in the light, of, the verdict recorded in CWP No. 6167 of 2017, titled Sukru Ram vs. State of H.P and others, decided on 6.3.2013. Since in tandem therewith, after, the conferment of work charge status, upon the petitioner w.e.f 1.1.2001, he became regularized in service, as a chowkidar, under, the respondent w.e.f 2.8.2006, (i) thereupon the afore mandate, as, becomes cast, in the judgment supra becomes squarely attracted qua him (ii) dehors any of constraints, as, become projected by the respondents in their reply.
Moreover the vigor, of, the afore verdicts underwhelms the effects, of, any executive instructions, to the contrary, rather it alone holds completest clout and sway qua the afore res controversia.
5. In view of the above there is merit in the petition and the respondents are directed to forthwith process the pension papers ::: Downloaded on - 02/11/2020 20:18:13 :::HCHP ...4...
of the writ petitioner and are also directed to compute the period, .
of, rendition of service by him, in a work charge capacity, under the respondents, as, the apposite qualifying period, for computation(s), of, pension and also for bestowing, upon him, other retiral benefits.
All pending applications stand disposed of accordingly.
30th October, 2020
to ( Sureshwar Thakur),
Judge.
( Chander Bhusan Barowalia ),
(priti) Judge.
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