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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 :
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.
3. This writ petition has been filed for the grant of following substantive reliefs:-
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 benefits.
4. Petitioner was initially engaged as daily waged worker in Solan, Forest Division w.e.f. 20.01.1987. His services were regularized w.e.f. 21.09.2007 as Forest Worker. Petitioner retired on attaining the age of superannuation on 31.07.2016 (58 years).
(i) There is no specific provision under the Central Civil Services (Pension) Rules, 1972, to count work-charge service for pensionary benefits;
Feeling aggrieved, petitioner has instituted this writ petition.
4. Respondents’ stand for not counting the work charge service render
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.
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....
Work charge service must be counted towards pension eligibility, and arrears are due from three years prior to the application date.
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