State of H.P. and Others vs Tenku Ram

Deepak Gupta, J

This petition is directed against the order of the Tribunal whereby the Respondents have been directed to take into account 50% of the daily waged service rendered by the applicant while calculating his qualifying service for entitlement for pension. This case is squarely covered by the judgment delivered in State of H.P. and Ors. v. Sarab Dayal, Latest HLJ 2007(HP) 1292 wherein this Court held as follows:

We are, therefore, of the considered view that 50% of the continuous service rendered by the employees on daily rated basis followed by work charge/regular employment should be taken into account while calculating the qualifying service for purposes of entitlement to and the amount of pension to be paid to them.

The Tribunal has only followed the judgment of this Court and therefore, there is no merit in the petition. The State is directed to ensure that pension is paid to the Petitioner as directed by the learned Tribunal. The needful be done within 12 weeks from today. In case, the amount of pension is not paid within 12 weeks the claimant shall be entitled to 9% interest per annum from today.

The writ petition is dismissed. No order as to costs.