Hari Singh vs State of H.P. and Others

Deepak Gupta, J.—By means of this petition, the Petitioner prays that he may be granted work charge status on completion of 10 years uninterrupted service of 240 days in each Calendar year in view of the law laid-down by the Apex Court in Mool Raj Upadhyaya Vs. State of H.P. and Others, and pension should also be granted to the Petitioner.

The Respondents have filed mandays chart of the Petitioner which shows that he had worked uninterruptedly for 240 days in each calander year since 1991 and therefore is entitled to the grant of work charge status w.e.f 1.1.2001. In case Petitioner is granted work charge status w.e.f 1.1.2001 then out of his 10 years daily waged service 50% of the service is to be taken into consideration while calculating qualifying service for the purpose of pension in terms of the judgment of the Division Bench of this Court in State of H.P and Ors. v. Sarab Dayal Lates HLJ 2007 (HP) 1292. The Petitioner retired from service on 31-3-2007 and therefore his regular service will be 6 years and 3 months. As such his total qualifying service is 11 years and 3 months. The Respondents are directed to grant pension to the Petitioner taking into consideration his qualifying service of 11 years and 3 months.

In view of aforesaid discussion, the petition is allowed and the Respondents are directed to grant work charge status to the Petitioner w.e.f 1.1.2001 with all consequential benefits. They shall also grant pension to the Petitioner in the aforesaid terms. This entire process should be completed by 31st october, 2011. The monetary benefits on account of arrear both on account of pension at on account of grant of work charge status along with interest @ 6% per annum be given to the petitioner on or before the aforesaid date, failing which the Respondents shall be liable to pay interest at the rate of 12% per annum. No costs.