Back
HIMACHAL PRADESH HIGH COURT
HON’BLE MR.JUSTICE DEEPAK GUPTA & HON’BLE MR. JUSTICE V.K.AHUJA, JJ.
STATE OF H.P. AND OTHERS
Petitioners
VERSUS
MAST RAM
Respondent
CWP No. 2040 of 2007
Decided on 6-01-2010
Pension Entitlement - Qualifying Service - Interpretation of Legal Provision
Fact of the Case:
The petitioner challenged the order of the Tribunal directing the inclusion of 50% of daily waged service in calculating qualifying service for pension entitlement.
Finding of the Court:
The Court found that the Tribunal's decision was in line with the precedent set in State of H.P and others vs. Sarab Dayal, Latest HLJ 2007(HP) 1292, which held that 50% of continuous service on a daily rated basis should be considered for calculating qualifying service for pension entitlement.
Issues: Interpretation of legal provision for calculating qualifying service for pension entitlement.
Ratio Decidendi: The key legal provision interpreted was that 50% of continuous service on a daily rated basis should be taken into account while calculating the qualifying service for pension entitlement.
Final Decision: The writ petition was dismissed, and the State was directed to ensure payment of pension to the petitioner as directed by the Tribunal, with interest if not paid within 12 weeks.
Per Deepak Gupta, J.(Oral)-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 others vs. Sarab Dayal, Latest HLJ 2007(HP) 1292 wherein this Court held as follows:-
“25. 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.”
2. 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.
3. The writ petition is dismissed.
No order as to costs.
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
