RANJAN SHARMA
Mohan Lal Sharma – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Ranjan Sharma, J.
Notice. Mr. B.C. Verma, 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 order(s) intended to be passed hereinafter.
3. The petitioner a Class-IV employee in the Forest Department, has filed the instant writ petition, seeking the following reliefs:-
4. At the very outset learned counsel for the petitioner submits that he confines his 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 of this Court, in these proceedings. He further submits that he may be granted liberty to claim the relief based on Sunder Singh and Balo Devi, in case, the same is admissible at any subsequent point of time hereinafter.
5. Case of the petitioner is that he was appoint
Baldev versus State of Himachal Pradesh & Others, CWP No.2711 of 2021
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 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 daily wage worker, and similarly situated employees should not face discrimination.
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 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 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....
Point of Law : Since these employees have not actually worked beyond the age of 58 years, therefore, they will not be entitled to the actual monetary benefits of wages/salary etc. for the period of s....
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