Madan Lal Negi vs State of H.P. and Others

Surinder Singh, J.—The present petition has been filed by the Petitioner seeking directions to the Respondents, to grant him the pensionary benefits, for half of the period, he was on daily wages and to grant the work charge status w.e.f. January, 1996, on his completion of 10 years.

Mr. C.N. Singh, learned Counsel for the Petitioner stated at Bar that the Petitioner has been conferred the work charge status on and w.e.f. 30th January, 1998 vide Annexure A-1 and does not press the relief for the earlier date, as contended in the petition.

The Respondents have admitted that the Petitioner remained as daily wage ''Beldar'' w.e.f. 1.1.1987 to 13.1.1998 and he completed minimum 240 days in every calendar year. The Petitioner was granted work charge status on and w.e.f. 13.1.1998 and later he was regularized w.e.f. 1.9.2001. Now he stands superannuated w.e.f. 31st March, 2004 (Annexure A-2), but half of daily wage service rendered by him was not counted towards his pension.

As per law laid down by this Court in State of H.P. and Ors. v. Sarab Dayal CWP No. 180 of 2001, decided on 19.7.2007, half of the daily wage service rendered by the workman has to be taken into consideration, for the purpose of pensionary benefits. Consequently, the petition is allowed.

Thus, the Respondents are directed to consider half of the daily wage service rendered by the Petitioner as a workman, followed by his regular service rendered by him for the purpose of granting him the pensionary benefits.

The needful be down within a period of eight weeks after the receipt of the certified copy of this judgment. The Petitioner is also entitled to the interest @ 9% per annum. However, the release of pension shall be subject to the outcome of the SLP preferred by the State of Himachal Pradesh against the judgment of Sarab Dayal supra. No order as to costs.

Petition stands disposed of. Pending application(s), if any, shall also stands disposed of.