Prithi Singh vs State of H.P. and Others

Surinder Singh, J.—By means of present petition, the petitioner has sought direction to the respondents, for counting half of the daily wage service rendered by him, for the purpose of pensionary benefits.

Heard and gone through the record.

The petitioner was appointed as daily wage ''Chowkidar'' it the office of District Food and Supplies Controller, Sirmaur district at Nahan. Pursuant to his appointment order, he joined on 21st June, 1982. He continued to work in the said department with effect from the aforesaid date till his superannuation i.e. on 30.4.2004.

The respondents have admitted that the petitioner remained on daily wage basis upto 31st March, 1995, thereafter, his services were regularized w.e.f. Ist April, 1995, vide office order No. FDS-H(B)(4)22/94-2014-18 dated 18.1.1007 (Annexure A-2). According to them, for the period he remained as daily wager, it was not counted for pensionary benefits.

As per law laid down in State of H.P. and Ors. v. Sarab Dayal CWP No. 180 of 2001, decided on 19.7.2007 by this Court, half of the daily wage service rendered by the workman shall 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 s a workman, followed by his regular service rendered by him for the purpose of granting him the pension. 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.