Baryam Singh vs State Of H.P. & Others

L. Narayana Swamy, CJ

The prayer of the petitioner is for direction to the respondents to compute nine years daily wage service for the purpose of pension as ten years

regular service. It is submitted that the petitioner was appointed on daily wage basis on 01.05.1997 and his services were regularized with effect from

the same date after completion of nine years. Now, the petitioner has been superannuated on 31.12.2006. In order to qualify for the purpose of

pension one has to complete ten years of service whereas, in the present case there is shortage of one year for the purpose of pensionary benefits. By

relying upon the decision of Hon’ble Supreme Court in Civil Appeal No.6309 of 2017, titled Sunder Singh vs. The State of Himachal Pradesh &

Ors, dated 8th March, 2018, learned counsel for the petitioner submits that the benefit rendered by the Hon’ble Supreme Court is applicable to the

petitioner in which the services of the person, who retired after completion of eight years, has been ordered to be reckoned as ten years for the

purpose of pension.

We have heard learned counsel for the parties and also gone through the judgment supra wherein it has been held that where a person has

completed eight years, but less than 10 years, it will be reckoned as ten years for the purpose of pensionary benefits.

Learned Advocate General submits that in case the petitioner has rendered nine years of service it will be counted as ten years qualifying service

for the purpose of pensionary benefits.

Under these circumstances, we dispose of the present petition by permitting the petitioner to make a representation to the respondents within a

period of one week from today for extension of the said benefit. On receipt of such representation, respondents are directed to consider the case of

the petitioner, pass appropriate orders and if the petitioner is found entitled for pensionary benefits, the same be ordered to be released to him within a

period of three months thereafter.

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