Pension eligibility for Class-IV and Class-III employees is established based on combined service, allowing daily wage service to count towards qualifying years, thus entitling them to pension from 01.01.2018.

JUDGMENT :

Ranjan Sharma, J.

All the petitions enumerated at Sl. Nos.1 to 25 hereinabove, are de-linked from CWPOA No. 5137 of 2020, titled as Shobhni Devi Versus State of Himachal Pradesh and others.

2. Since common question is involved and prayer(s) are identical, therefore, with the consent of parties, all these cases are taken up for adjudication and disposal together at this stage, in the interests of justice.

3. For convenience the above petitions are broadly characterized under Three Sub Heads i.e. Set No.: ‘A’ ‘B’ ‘C’.

3(i). Cases in Set-‘A’ relate to matters where Class-IV Employees are seeking pension w.e.f. 01.01.2018 in terms of the mandate of the Hon’ble Supreme Court in case of Sunder Singh [Civil Appeal No.6309 of 2017], explained in case of Balo Devi [Civil Appeal No.479 of 2022] by counting the regular service and the component of regular service in lieu of daily wage service by granting pension in case such service comes to more than 8 years.

3(ii). Cases in Set-‘B’ relate to matters where Class-IV Employees are seeking pension w.e.f. 01.01.2018 in terms of the mandate of the Hon’ble Supreme Court in cases of Sunder Singh and Balo Devi and the deemed service of 2 years [beyond the age of 58 years upto the age of 60 years] in terms of the Full Bench judgment of this Court, in case of Baldev Versus State of Himachal Pradesh and others, [CWP No. 2711 of 2017 decided on 22.02.2022].

3(iii). Cases in Set–‘C’ relate to matters where Class-III Employees are seeking pension w.e.f. 01.01.2018 on the analogy as granted as Class-IV Employees, in terms of the mandate of this Court, in Roop Lal versus State of H.P. & Others [LPA No. 196 of 2022, decided on 11.10.2023].

CASES UNDER SET-‘A’:

4. Now, this Court proceeds to initially deal with cases under Set ‘A’.

4(i). As jointly agreed by Learned Counsel(s)for the parties, CWPOA No.913 of 2020, titled as Kansu Ram Versus The State of H.P. and others, is taken as the Lead Case for adjudication of all cases, under Set-‘A’ [supra].

SET–A: LEAD CASE: CLAIM FOR PENSION BY CLASS–IV EMPLOYEES BASED ON JUDGMENTS IN CASES OF SUNDER SINGH AND BALO DEVI GRANTING PENSION:

4(ii). Petitioner, Kansu Ram, has come up, before this Court, seeking the following prayer:-

“That the respondents may be ordered to take into consideration the entire daily wage service rendered by the applicant to qualify for the pension and other pensionary benefits and he may be given pension and other retiral benefits from due date with all the benefits incidental thereof.”

4(iii). Factual matrix in the case of petitioner Kansu Ram in CWPOA No.913 of 2020, [earlier OA No. 7008 of 2014 filed before State Administrative Tribunal], as set out by Learned Vice Counsel is that he was engaged as Beldar on daily wage basis in I&PH Division Arki in the year 1993 and he was granted work charge status w.e.f. 24.12.2002, vide Office Order 07.01.2003, Annexure P-1. Petitioner superannuated from service on attaining the age of 58 years on 31.03.2007 but he was not granted pension on the ground that he was not having qualifying service of 10 years as required by norms.

4(iv). At this stage, Learned Vice Counsel submits that the case of the petitioner is squarely covered by the mandate of law passed by the Hon’ble Supreme Court, in Civil Appeal No.6309 of 2017, titled as Sunder Singh Versus The State of Himachal Pradesh alongwith connected matters, decided on 08.03.2018 and Civil Appeal No.4792 of 2022, titled as Balo Devi Versus State of Himachal Pradesh & Ors., decided on 18.07.2022. Based on this, Learned Counsel(s) prays that the respondents may be directed to extend benefit of pension to the petitioner, by taking into account the actual regular service and the regular service arrived at by giving weightage of daily wage service and once the length of regular service comes out to be more than 8 years as per the mandate of law in cases of Sunder Singh and Balo Devi [supra] once the 8 years’ service shall be reckoned as 10 years and then, th