Smt. Jaiwanti Devi vs State of H.P and Others

Deepak Gupta, J.—By means of this petition the Petitioner has prayed that her husband late Shri Kuldip Singh who was working as Chowkidar with the Respondents be regularized in accordance with the scheme approved by the Apex Court in Mool Raj Upadhyaya v. State of H.P. and Ors., 1994 Supp (2) Supreme Court Cases 316, State of H.P. and Ors. v. Sarab Dayal, Latest HLJ 2007 (HP) 1292

The Respondents along with their reply have filed a Mandays Chart which shows that right from the year 1992 the deceased husband of the Petitioner (Kuldip Singh) was working on daily wage basis for more than 240 days in a calender year. Therefore, he was entitled to the benefit of the scheme approved in Mool Raj Upadhyaya''s case, Gauri Dutt and Ors. v. State of H.P, Latest HLJ 2008 (HP) 366, Mool Raj Upadhyayan State of H.P. and Ors. v. Sarab Dayal (supra).

In view of the above discussion, the petition is allowed. The Respondents-State is directed to grant work charged status to the deceased Kuldip Singh w.e.f. 1.2.2002 and further to take 50% of the service rendered on daily wage basis into count for calculating his pension and further to grant all pensionary benefits by taking his qualifying service at 12 years 11 months and 26 days. The State is directed to ensure that the order of this Court be complied with and arrears of pension etc. with all monetary dues be paid to the Petitioner alongwith interest @ 6% per annum latest by 31st October, 2011, failing which the State shall be liable to pay interest @ 12% per annum from the date when the amount fell due. The petition is disposed of in the aforesaid terms. No order as to costs.