RANJAN SHARMA
Jalpu Ram – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
RANJAN SHARMA, J.
CMP No. 18049 of 2023
1. Heard. Allowed.
CWP No. 6263 of 2020
2. With the consent of the parties, the instant writ petition, is taken up for disposal, at this stage, in view of the orders intended to be passed herein.
3. The petitioner, a retired Beldar (Class-IV) from I & PH-Jal Shakti Vibhag, under the Respondent-State has come up before this Court, in the instant petition, seeking the following reliefs:
(ii) That the respondents may kindly be directed to grant pension to the petitioner along-with interest and arrears from the date of his retirement in the interest of justice.”
4. In the background of the reliefs, prayed for above, the case of the petitioner as submitted by the learned counsel is that, the petitioner was engaged as, daily wages beldar on 01.01.1987 in Irrigation and Public Health Division Nerwa, and his services were regularized on 01.01.1997. He further submits that he was conferred work and was then regularized on 01.01.1997, in terms of the mandate of the Hon’ble Apex Court
Asger Ibrahim Amin vs. Life Insurance Corporation of India
Mool Raj Upadhyaya vs. State of H.P. and Ors. 1994 Supp2 SCC 316
Rushibhai Jagdishchandra Pathak vs. Bhavnagar Municipal Corporation
Shiv Dass vs. Union of India and Others
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.
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....
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....
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....
Entitlement to family pension based on the requirement of regular service and the application of proportional equality in granting pension benefits.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.