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2021 Supreme(HP) 786

SURESHWAR THAKUR
MADAN LAL SON OF SH. RATNA RAM, RESIDENT OF VILLAGE CHANDPUR – Appellant
Versus
STATE OF H. P. THROUGH PRINCIPAL SECRETARY (INDUSTRIES) WITH HEADQUARTER AT SHIMLA, H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. A.K. GUPTA, ADVOCATE
For the Respondent: MR. NARENDER GULERIA, MR. BALRAM SHARMA

JUDGMENT :

The petitioner became enrolled as a daily wage worker w.e.f. 1.1.1993. The work charged status became conferred upon him w.e.f. 1.1.2003. His regularization in service was made in the year 2006. Though, the writ petitioner claims that all his post retiral benefits being governed by the CCS (Pension) Rules, 1972. However, the respondents in their reply on affidavit contend, that since the regularization in service of the writ petitioner occurred after 15.05.2003. Consequently, they submitted that since the notification of 17.08.2006 makes prescription(s) that all appointments made against substantive posts in Himachal Pradesh, immediately after 15.05.2003, being governed by the Himachal Pradesh Civil Services Contributory Pension Rules, 2006, than by the CCS (Pension) Rules, 1972, and, thereupon, the notification (supra) rather prevailing over the CCS (Pension) Rules, 1972.

2. Though, vis-a-vis, the entrants into regular service after May, 2003, the post retiral benefits become governed by the Himachal Pradesh Civil Services Contributory Pension Rules, 2006. However, yet the learned counsel for the petitioner, seeks the making of a mandamus, upon the respondents to grant hi

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