RANJAN SHARMA
Shiv Ram – Appellant
Versus
Himachal Pradesh State Electricity Board Lit. – Respondent
JUDGMENT :
Ranjan Sharma, J.
Notice. Mr. Leela Nand Sharma, Advocate appears and waives service of notice on behalf of the respondents.
2. With the consent of the parties, the instant writ petition, is taken up for disposal, at this stage, in view of the order(s) intended to be passed herein.
3. The petitioner has filed the instant writ petition with the following prayer(s):-
4. Case of the petitioner as submitted by learned counsel is that the petitioner was engaged as Daily Waged Beldar/T-Mate in Himachal Pradesh State Electricity Board w.e.f. 1.1.1982 and his services were regularized on 12.06.1998. The petitioner retired from service on 28.02.2006.
5. A perusal of the facts as narrated in Para 2 of the writ petition reveals that the petitioner has rendered about 16 years of Daily Waged Service and eight years of regular service as aforesaid.
6. In these circumstances, the petitioner is seeking the benefit of pension on the basis of the judgment passed by the Hon’ble Apex Court in Civil Appeal No.6309 of 2017, titled as
Asger Ibrahim Amin Versus Life Insurance Corporation of India (2016) 13 SCC 797
Shiv Dass versus Union of India and Others; (2007) 9 SCC 274
State of Madya Pradesh and Others versus Yogendra Shrivastava (2010) 12 SCC 538
The main legal point established in the judgment is the interpretation of relevant case law, specifically the judgments in the cases of Sunder Singh, Balo Devi, and Roop Lal, to determine pension ent....
The main legal point established in the judgment is the eligibility and entitlement to pension under the CCS (Pension) Rules, 1972, based on the petitioner's service history, including regular and de....
Entitlement to pension under the CCS (Pension) Rules, 1972, based on completion of eight years of regular service, as determined by the judgments in the cases of Sunder Singh and Balo Devi.
Daily wage service must be counted towards pension eligibility, allowing employees to qualify for benefits despite insufficient regular service years.
Point of Law : Determining the qualifying service for the purpose of pension any benefit as provided in Rule 49 of CCS (Pension) Rules, 1972, has not been taken away and an employee has not been prec....
The central legal point established in the judgment is the entitlement to pension for employees with more than 10 years of total eligible service, including daily wage service, and the incorrect rest....
Court are of the view that they are entitled to weightage of service rendered as daily wagers towards regular service for the purpose of pension.
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