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2011 Supreme(HP) 1732
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Kurian Joseph, and V.K.Ahuja, Judge.
Harbans Lal .
Vrs.
State of H.P. & ors.
CWP(T) No. 1767 of 2008.
Decided on : March 23, 2011.
For the petitioners: None.
For the Respondents:Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G. for respondents No. 1 to 3.
Service rendered in HRTC does not qualify for pension benefits in the Government.
Headnote:
Pension Benefits - Service Qualification - The court disposed of the writ petition seeking direction for counting 15 years of service towards pension and pensionary benefits, stating that there is no provision for granting the benefit of service rendered in HRTC as qualifying service for the purpose of pension in Government.
Fact of the Case:
The petitioner filed a Writ Petition seeking direction for counting 15 years of service towards pension and pensionary benefits.
Finding of the Court:
The court disposed of the writ petition and stated that there is no provision for granting the benefit of service rendered in HRTC as qualifying service for the purpose of pension in Government.
Issues: Dispute over counting service towards pension and pensionary benefits.
Ratio Decidendi: The court found that there is no provision for granting the benefit of service rendered in HRTC as qualifying service for the purpose of pension in Government.
Final Decision: The writ petition is disposed of, and the pending application(s), if any, are also disposed of.
Kurian Joseph, J.
The Writ Petition is filed with the following prayer:- “i) That the respondents may kindly be directed to issue directions/office order that the period of 15 years of service rendered by the applicant in Himachal Road Transport Corporation w.e.f. 28-12-1984 to 28-12-1999 will be counted towards pensionand pensionary benefits on the superannuation of the applicant and his pension will be fixed accordingly.”
2. Despite service of notice there is no appearance. The stand taken in the reply is that there is no provision for granting the benefit of service rendered in HRTC as qualifying service for the purpose of pension in Government. In case the petitioner has any dispute with regard to the position as above, it will be open to him to approach the first respondent-Government, in which case, the matter will be duly considered by the Government. A copy of this judgment be communicated to the petitioner.
3. The writ petition is disposed of, so also the pending application (s), if any.
