State of H.P. and Others vs Mahant Ram

Kurian Joseph, C.J.—The issue raised in these writ petitions pertains to the question whether 50% of the daily waged service is liable to be counted as qualifying service for the purpose of pensionary benefits.

We are informed that the issue is covered in favour of the workers by the decision of this Court in State of Himachal Pradesh and Ors. v. Sarab Dayal in CWP No. 180 of 2001 decided on 19.7.2007.

It is pointed out that the matter is pending before the Apex Court. The parties agree that they will also be bound by the outcome of the decision, now pending before the Apex Court, so that these cases also need not be taken to the Apex Court. Therefore, these writ petitions are disposed of, making it clear that in case the decision of this Court is implemented in the case of the similarly situated persons, in the case of the applicants herein also, the judgment will be implemented expeditiously subject to the result of the matter pending before the Apex Court. We make it clear that we have not gone into the merits of the cases and, therefore, it will be certainly open to the Authority concerned to examine whether on facts Sarab Datyal''s case would apply to the applicants.