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2021 Supreme(HP) 877

SURESHWAR THAKUR
Bhagat Ram Son of Shri Chuhru Ram – Appellant
Versus
State oF H. P. Through Its Secretary (Forests) to The Government OF HP – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. R.L. Chaudhary, Advocate
For the Respondent: MR. Ashwani Sharma, With MR. Vikrant Chandel

JUDGMENT :

1. The writ petitioner became conferred the status of a work charged employee, under the respondents in the year 2000. Subsequently thereto, he became regularised, as, a Chowkidar under the respondents in the year 2007.

2. Since, vis-a-vis, the entrants into regular service after May, 2003, the post retiral benefits becomes governed by the Himachal Pradesh Civil Services Contributory Pension Rules, 2006. Therefore, the learned counsel for the petitioner, seeks the making of a mandamus, upon the respondents to grant him, the benefit of CCS Pension Rules, 1972. However, for the reasons to be assigned hereinafter, the afore claimed mandamus is declined.

3. This Court, in a binding, and, conclusive verdict made upon CWP No. 180 of 2001, decided on 31.05.2012, titled as State of H.P. & Anr. vs. Ram Lal and others, had formulated the hereinafter extracted question of law, for determination being made thereon:-

    “Whether the services rendered on daily waged basis by the employees before their regularization/grant of work charged status qre to be taken into consideration for the purpose of counting their qualifying service for grant of pension under the Central Civil Services (Pensi

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