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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE SATYEN VAIDYA
Chet Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
1. Since common questions of facts and law arise, all these petitions have been heard and are being decided together by a common judgment.
2. Petitioners were initially engaged as daily wage Beldars in the department of Animal Husbandry, Govt. of Himachal Pradesh. The Joint Director, Animal Husbandry vide order dated 01.07.1992 terminated the services of the petitioners along with others w.e.f. 30.06.1992 with directionto join and report in the office of respondent No.3 i.e. H.P. State Cooperative Milk Producers’ Federation Limited (for short “Milkfed”) w.e.f. 01.07.1992. Petitioners accordingly joined the Milk Federation w.e.f. 01.07.1992.
3. As per the petitioners they had no option but to comply with the directions issued to them, otherwise they would have been rendered jobless. The petitioners had already served the department of Animal Husbandry for period ranging between 1 to 4 years.
4. Later, the services of the petitioners were regularized by the Milkfed. The petitioners are claiming pensionary benefits on the ground that their services with the Milkfed be deemed to be on deputation and they be treated to be employees of Animal Husbandry as has been
Employees compelled to join another organization are entitled to pensionary benefits based on prior service, as denial of such benefits is arbitrary.
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
Once an employee is permanently absorbed into another entity, they cease to have a lien with their previous employer under Rule 18(2) of Rajasthan Service Rules, 1951.
Continuous service of 40 years as a daily wager entitles the petitioner to pensionary benefits from the date of initial appointment, not from the date of regularization.
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
A petitioner is not entitled to pension as his accumulated service does not meet the required 10 years qualifying service, reaffirming the pension rules limiting recognition of temporary service to 5....
Long-term service and integration into government employment structure can entitle temporary employees to pension and benefits, despite initial classification.
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