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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Uttam Chand – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Petitioner has not been granted due arrears of pension, hence, he has instituted this writ petition.
2. Factual matrix:-
2(i). Petitioner was appointed as Chainman on daily wage basis on 23.03.1992 in Kangra Division. His services were regularized as Chainman on 29.06.2007.
2(ii). Petitioner instituted CWP No.732 of 2011, claiming work charge status w.e.f. 01.01.2002. The writ petition was decided on 25.02.2011 with a direction to the respondents to look into the matter and take appropriate action in accordance with law adverting to the submissions made by the petitioner in his representation.
2(iii). Respondents considered the case of the petitioner and vide office order dated 09.01.2012, conferred upon him work charge status w.e.f. 01.04.2002, however, such conferment was made on notional basis. Petitioner then instituted Civil Writ Petition No.9596 of 2012 for grant of work charge status on actual basis and for release of actual monetary benefits. The aforesaid writ petition was decided as T.A. No.3520 of 2015 by the erstwhile learned H.P. Administrative Tribunal on 26.08.2015. Consequently, the petitioner was granted work charge status on actual basis
Work charge service must be counted towards pension eligibility, and arrears are due from three years prior to the application date.
Work charge service must be included in qualifying service for pension eligibility, aligning with constitutional principles and judicial precedents.
Work-charge service must be counted for pensionary benefits, as established by prior legal precedents.
Pension – Not having work charge establishment – Held, entitled for pension.
Work charge status followed by regular appointment must be counted as qualifying service for pension benefits, overriding contrary executive instructions.
Daily wage service must be counted towards pension eligibility, allowing employees to qualify for benefits despite insufficient regular service years.
The main legal point established in the judgment is that work-charged service rendered by an employee prior to regularisation should be counted as qualifying service for the purposes of pension, base....
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 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....
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