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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Jogi Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
CMP No. 2428 of 2025
Allowed and disposed of.
CWP No. 7124 of 2021
1. Heard learned counsel for the parties and perused the case file.
2. Petitioner was appointed in the respondent-Rural Development Department as Daily Wage Peon in May, 1994. His services were regularized on 22.09.2007. Petitioner instituted Civil Writ Petition No. 755 of 2011, which was disposed of on 25.02.2011. The respondent- Department accordingly extended the benefit of work charge status to the petitioner w.e.f. 21.04.2002 to 21.09.2007, i.e. the date prior to petitioner’s regularization on 22.09.2007.
3. Learned counsel for the petitioner has confined the prayers in this petition only to the extent of counting the period of work charge service rendered by the petitioner for the purpose of grant of pension. Insofar as this relief is concerned, the stand of the respondents is that the work charge employees of the respondent-Department are not entitled for counting of their work charge service towards pensionable service in view of Finance Department instructions dated 27.01.2016 and 19.09.2018.
4. Respondents’ stand for not counting the work charge service rendered by the petitioner t
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 counted for pensionary benefits, as established by prior legal precedents.
Pension – Work Charged Employees – Denying of pension after rendering service as work charged for number of years on the ground that they have not completed qualifying service can be said to be unfai....
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....
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....
Work-charged service must be counted towards qualifying service for pension, ensuring equitable treatment of employees and compliance with constitutional principles.
Daily wage employees' service must be counted for pension eligibility, ensuring non-discriminatory treatment under retirement benefit regulations.
The court established that legislative changes can supersede judicial interpretations regarding pension eligibility.
Work charge service must be included in qualifying service for pension eligibility, aligning with constitutional principles and judicial precedents.
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