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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Ms. Justice Jyotsna Rewal Dua, J
Shyam Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks pension benefits (Para 3 , 4) |
| 2. law settled regarding work-charge service (Para 5) |
JUDGMENT :
Jyotsna Rewal Dua, J.
1. Notice. Ms. Menka Raj Chauhan, Deputy Advocate General and Mr. Tek Ram Sharma, Advocate, appear and waive service of notice on behalf of respondents No.1 to 5 and respondents No.6, respectively.
2. Considering the grievance of petitioner, the nature of the order impugned in the writ petition and the legal position settled by the Hon’ble Apex Court, there is not necessity for calling of reply from the respondents. With the consent of the learned counsel for the parties, matter is heard at this stage.
3. This writ petition has been filed for the grant of following substantive reliefs:-
“i. That writ in the nature of certiorari may kindly be issued, whereby quashing and setting aside the impugned office order dated 19.10.2024, issued by the respondent No.5, being illegal and arbitrary.
ii. That an appropriate writ, order or direction may kindly be issued to the respondents to release pension and other retiral benefits from the date it has become due till actually paid with interest in favour of the petitioner, with all consequential benefi
Work-charge service must be counted for pensionary benefits, as established by prior legal precedents.
Work charge status followed by regular appointment must be counted as qualifying service for pension benefits, overriding contrary executive instructions.
Daily wagers entitled to work charge status after 8 years continuous service with notional pay fixation, annual increments prospectively sans arrears; such service counts for pensionary benefits.
Daily waged workers entitled to work-charged status after 8 years continuous service (240 days/year); notional benefits include pay fixation and annual increments without past arrears.
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....
Work charge service must be included in qualifying service for pension eligibility, aligning with constitutional principles and judicial precedents.
Services rendered as a daily wager employee cannot be counted for pension/quantum of pension, but after regularization, the employee cannot be denied pension for not completing the qualifying service....
Daily wagers entitled to work-charge status after eight years continuous service (240 days/year) with notional benefits only from due date; departmental lack of establishment immaterial; discriminato....
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