Gurdev Singh Rana And Another vs State Of Himachal Pradesh And Others on 18 September, 2023

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Himachal Pradesh High Court

Gurdev Singh Rana And Another vs State Of Himachal Pradesh And Others on 18 September, 2023

Bench: Vivek Singh Thakur

                                                    1




    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                              CWPOA No.5824 of 2020
                                              Date of Decision : 18.09.2023




                                                                                .
    Gurdev Singh Rana and another





                                                                         ...... Petitioners
                                     Versus





    State of Himachal Pradesh and others

                                                                         ......Respondents




                                                   of
    Coram:

    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge
                       rt
    The Hon'ble Mr. Justice Bipin Chander Negi, Judge
    Whether approved for reporting?
                                      1

    For the Petitioners:             Mr. Adarsh K. Vashista, Advocate.

    For the Respondents : Mr. Anup Rattan, Advocate General with


                          Ms. Ranjna Patial, Deputy Advocate General.


    Vivek Singh Thakur, Judge (oral)

Petitioners have approached this Court seeking two main reliefs, however, under instructions, learned counsel for the petitioners, is pressing only first relief, seeking directions to count their daily waged service, as qualifying service for the purpose of pension, with a further direction to consider them to have been appointed in Government service prior to 30.5.2003 and to extend all consequential benefits.

1 Whether reporters of Local Papers may be allowed to see the judgment?

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2. It is undisputed that petitioners were appointed on the basis of daily wage and were regularized, in accordance with Policy adopted/formulated by the State.

3. Prayer of the petitioners to count their daily waged service for calculating qualifying service towards pension is squarely covered by the judgment dated 8.3.2018, passed by Hon'ble Apex Court in Civil Appeal No.6309 of 2017, titled Sunder Singh vs. of State of Himachal Pradesh & others, which stands explained by three Judges Bench of Hon'ble Supreme Court in case titled Balo rt Devi vs. State of H.P & others, latest HLJ 2022 (H.P) (2) 817, with following observations:-

"The intent of this Court was quite clear that:-

(a) The services rendered as a regular employee may first be computed.

(b) To the service as rendered to above, the component at the rate of one year of regular service for every five years of service as daily wager, be added.

(c) If both the components as detailed in Paras a & b hereinabove, take the length of service to a level of more than eight years but less than ten years, in terms of last sentence of paragraph 6 of the order, the services shall be reckoned as ten years."

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4. In view of above, present petitions are allowed and disposed of, with a direction to extend the benefits of daily waged service towards their pensionary benefits in terms of aforesaid .

pronouncement of Hon'ble Supreme Court. Needful be done within four weeks.

Pending miscellaneous application(s), if any, shall also stand disposed of.





                                     of
                  rt                       ( Vivek Singh Thakur)
                                                    Judge

                                            ( Bipin Chander Negi)
    September 18, 2023 (KS)                          Judge








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