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2022 Supreme(HP) 185

SABINA, SATYEN VAIDYA
Baryam Singh S/O Sh. Santa Singh – Appellant
Versus
State Of Himachal Pradesh, Through Its Additional Chief Secretary (Jal Shakti Vibhag) – Respondent


Advocate Appeared:
For the Petitioner:Sh. Onkar Jairath And Sh. Ashok Chaudhary, Advocates
For the Respondent:Sh. Vikrant Chandel, Deputy Advocate General, For (Sh. Virbahadur Verma, Central Government Counsel

ORDER :

Satyen Vaidya, J.

By way of instant petition, petitioner has prayed for the following substantive reliefs:

    “(i) That the writ in the nature of Certiorari or any other appropriate writ, order or directions may kindly be issued, quashing the impugned order dated 01.06.2021 (Annexure P-6), being illegal, arbitrary, discriminatory, unconstitutional and against the settled law of service jurisprudence.

(ii) That the writ in the nature of Mandamus or any other appropriate writ, order or directions may kindly be issued, directing the Respondents to count daily wage service for the purpose of pension in view of the Judgment/order dated 08.03.2018 (Annexure P-3) for the purpose of counting 10 years for pensionary benefits.

(iii) That the respondents may be directed to release all consequential arrears of pension and other retiral benefits alongwith arrears with interest @ 9% p.a. in favour of the petitioner.

(iv) That the respondents may further be directed to pay the gratuity to the petitioner for the service rendered on daily wage basis w.e.f. 01.05.1987 to 31.12.1997 in view of the law laid in State of HP Versus Lashkari Ram {2008 (I) SLC 245}.”

2. The case set-up by petitioner is that

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