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RANJAN SHARMA
Ram Krishan – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Notice. Mr. Rajan Kahol, learned Additional Advocate General, 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 peculiar facts as borne out from the pleadings.
3. The petitioners being Cloass-IV employees in the Forest Department, have filed the instant writ petition with the following prayers:-
(ii) That the respondents may kindly be directed to grant pension and pensionary benefits to the petitioners by counting two years in his continuous service w.e.f. 1997 and 2001 i.e. after the completed 8 years of continuous daily wage services.”
4. At the very outset learned counsel for the petitioners submits that they confine their prayer only qua the relief in CWP No.2711 of 2021, titled as Baldev versus State of Himachal Pradesh & Others, decided on 22.02.2022 passed by Full Bench
The date of engagement is the decisive factor for retirement age, and notional fixation of pay is important for pension calculation.
The date of engagement is the decisive factor for determining the retirement age of a Forest Worker, and non-discrimination amongst similarly situated employees is crucial in such cases.
The date of engagement is the decisive factor for determining the retirement age of a daily wage worker, and similarly situated employees should not face discrimination.
The main legal point established in the judgment is the entitlement of Class-IV employees engaged prior to 10.05.2001 to retire at the age of 60 years and the emphasis on notional fixation of pay for....
The date of engagement is the decisive factor for determining the age of continuing in service, as per the interpretation of Fundamental Rule 56(e) discussed in the Full Bench judgment in the case of....
The date of engagement and regularization determines the entitlement to continue in service beyond the age of 58, as per the Office Memorandum and subsequent amendments.
Class IV servants engaged part-time/daily wages prior to 10.05.2001 and regularized after retire at 60 years based on engagement date; retrospective notional benefits for pension to those retired ear....
Daily wagers entitled to notional work charge status after 8 years continuous service despite no departmental establishment; pre-cut-off engagement allows deemed superannuation at 60 years with revis....
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....
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