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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
Satyen Vaidya, J
Bhima Ram – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, the petitioner has prayed for grant of following substantive reliefs:-
“i). Respondent may be directed to produce complete service record of petitioner particularly complete muster rolls for the period from 1988 to 1995 pertaining to IPH Sub-Division where petitioner was working along with list of labourers with their initial date of appointment when services of petitioner were illegally dispensed with in 1995.
ii). That after perusal of record if the Court comes to a conclusion that on account of fictional breaks or breaks given due to allegedly non-availability of work by flouting the principle of last come first go, the respondents may be directed to reckon the period of service of the petitioner on daily wages from 29.08.1988, holding the petitioner entitled to work-charged status and regularization with effect from 01.01.2001 with all consequential benefits.
iii) That if the prayer made under item (ii) does not find favour, the respondents may be directed to confer the status of work-charged/regularization from 01.01.2003 instead from 01.01.2004 as the petitioner had served the department for minimum period of 240 days in the
An employee's prior daily wage service is to be included in qualifying service for pension eligibility, despite the date of regularization, per recent amendments to service rules.
Point of Law : Determining the qualifying service for the purpose of pension any benefit as provided in Rule 49 of CCS (Pension) Rules, 1972, has not been taken away and an employee has not been prec....
The main legal point established in the judgment is the eligibility and entitlement to pension under the CCS (Pension) Rules, 1972, based on the petitioner's service history, including regular and de....
The central legal point established in the judgment is the entitlement to pension for employees with more than 10 years of total eligible service, including daily wage service, and the incorrect rest....
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.
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....
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