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2022 Supreme(HP) 597

JYOTSNA REWAL DUA
Roop Lal S/o Sh. Hari Ram – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :Mr. A.K. GUPTA AND MS. BABITA CHAUHAN, ADVOCATES
For the Respondent: Ms. RITTA GOSWAMI, MR. LOKENDER PAUL THAKUR, ADV

ORDER :

Petitioner, a retired Class-III employee, who has been denied pension on account of not possessing the qualifying service of 10 years, seeks applicability of a judgment rendered on 08.03.2018 by the Hon’ble Apex Court in case of Class-IV employees in Civil Appeal No.6309 of 2017 (Sunder Singh Versus The State of Himachal Pradesh & Ors.), for counting his daily waged service for grant of pension.

2. Facts :-

The petitioner was engaged as a Fitter on daily wage basis in Irrigation & Public Health (I&PH) Department on 11.02.1991. His services were regularized w.e.f. 01.02.2002. He superannuated on 31.10.2010. Having served for 8 years on regular basis, i.e. less than the required qualifying period of 10 years, the petitioner is not being paid pension. 12 years after his retirement, the petitioner filed this writ petition on 08.11.2019, seeking pension with following substantive prayer:-

    “i. That the respondents may be ordered to process the case of the petitioner for pension and the same may be ordered to be paid to the petitioner from the due date with all the benefits incidental thereof.”

3. Contentions:-

I have heard learned counsel on both sides.

In support of the relief claimed

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