Kishan Chand vs State of H.P. and Others

Kurian Joseph, C.J. 1. The petition has been filed with the following prayers:

i) That the entire record of the case may kindly be summoned and after perusing the same the respondents may be directed to pay the retiral benefits to the applicant i.e. gratuity of 08 months, insurance money and some other service benefits for the service rendered by the applicant with the interest @ 18% per annum.

ii) That the respondents may kindly be directed to count the half (50%) of the daily wage service into workcharge/ regular service and then grant him the pension & arrears with interest @ 7-1/ 2 % per annum within 03 months, in view of the judgment of our High Court in C.W.P. 180/2001 titled as State of H.P. versus Sarab Dayal, decided by Division bench on 19th July, 2007

In the reply at paragraph 6 (iii) and (iv), it is stated as follows:

The contents of this para are admitted to the extent that the applicant has worked with the respondent department on daily wage basis w.e.f. 1.2.1984 and the applicant was retired from Govt. service on attaining the age of superannuation on 31.8.1999. The applicant has paid for his terminal gratuity for five year amounting to Rs. 10343/-vide Assistant Engineer, Irrg. Cum-PH-Sub-Division, Sihunta cash book voucher No. 6 of 16.6.2001. Now the revised sanction order of terminal gratuity for five year and six months amounting t Rs. 11377/- has been issued and arrear of terminal gratuity amount to Rs. 1034.00 stand paid to the applicant vide Cash book Vr. No. 8 of 18012008. 6 (iv) The contents of this sub para are denied being incorrect. The pension to the applicant is not admissible as he has barely completed 5 years and 8 months qualifying service before the age of superannuation as such he was not entitled for grant of pension as the qualifying service for the grant of pension falls short of 10 years. As regard to the other retirement benefits I.e. leave encashment, GPF stand paid to the applicant vide Assistant Engineer, Irrig. Cum-PH-Sub-Division, Sihunta vide cash book Vr. No.5 of 6.5.1999. As regard the payment of GIS, it is submitted that the payment of GIS stand paid to the applicant vide Assistant Engineer, Irrig.CumPHDivision, Sihunta vide cash book Vr. No.10 of 28.1.2008.

It is seen from Annexure A-1 that the petitioner has completed 5 years and 8 months service. Therefore, gratuity is liable to be calculated for 5 years and 8 months and not for 5 years and 6 months. It is also seen that the petitioner had retired from service on 31.8.1999 and the revised gratuity was paid only in the year 2008. It is also seen that the GIS was also paid at the belated stage. Therefore, there is force in the submissions made by the petitioner for interest on the belated payments. Since as per Annexure A1, service cannot be disputed, therefore, the writ petition is disposed of directing the Superintending Engineer, H.P. Irrigation and Public Health Circle, Chamba to revise the gratuity benefit to the petitioner for 5 years and 8 months service as per Annexure A1. The petitioner is also entitled to the interest at the rate of 8% for the difference in the gratuity w.e.f. 1.1.2000 till the date of payment of both the gratuity and GIS, in case the interest of GIS has not been paid. The same will be done within eight weeks from the date of production of a copy of the judgment by the petitioner and if not, interest @ 12% will be payable. Subject to finality of the decision of this Court in the case titled as State of H.P. vs. Sarab Dayal, steps will also be taken to grant the benefit of daily wage service for pension purpose to the petitioner.

With the above observation (s), the petition is disposed of, so also the pending application, if any.