Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Kansu Ram – Appellant
Versus
State of H.P. – Respondent
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
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 0....
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....
Under Rule 13 thereof, the service that qualifies for pension commences from the date the employee takes charge of the post to which he is appointed either substantively or in an officiating/temporar....
Court are of the view that they are entitled to weightage of service rendered as daily wagers towards regular service for the purpose of pension.
Service rendered by Class-III employees on a daily wage basis must be counted towards pension eligibility, as established by Supreme Court rulings.
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....
The court affirmed that all Class-IV employees must retire at 60 years, rejecting arbitrary distinctions based on engagement dates as discriminatory under Article 14.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
