Kali Dass vs State of H.P. - 2025 Supreme(HP) 478

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2025 Supreme(HP) 478

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Kali Dass – Appellant
Versus
State of H.P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Bhim Raj Sharma, Advocate.
For the Respondent:Mr. Anup Rattan, Advocate General with Ms. Menka Raj Chauhan, Deputy Advocate General, Mr. Rangil Singh, Advocate,

JUDGMENT :

Jyotsna Rewal Dua, J.

This writ petition has been filed for grant of following reliefs: -

1. That the petitioner be considered for pensionary benefits and payment thereof with effect from the date of his retirement under the old pension scheme.

2. That the respondents may very kindly be directed to grant the pension to the petitioner after counting the daily wage service for the purpose of completion of requisite years period for pension keeping in view of judgments dated 8.3.2018 passed in Civil Appeal No. 6309 of 2017 Sunder Singh Vs. The State of Himachal Pradesh & Ors. and Civil Appeal No. 4792 of 2022 Balo Devi Vs, State of H.P & Ors., passed by the Hon'ble Apex Court.

3. That due and admissible arrears be also paid to the petitioner alongwith interest and other consequential benefits.”

2. Petitioner was initially engaged in the respondent- H.P. Public Works Department as Daily Wage Beldar in February 2002. Treating his daily wage service in each calendar year w.e.f. 2008 as 240 days and more, the respondents regularized petitioner’s services on 18.08.2015. Petitioner took up the matter before the learned Labour Court-cum-Industrial Tribunal, Dharamshala, District Kangra,

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