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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S. SANDHAWALIA, C.J., SATYEN VAIDYA
Om Chand – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
G.S. Sandhawalia, C.J.
The present Letters Patent Appeal is directed against the order of the learned Single Judge, passed in Civil Writ Petition No. 1223 of 2022, decided on 2nd September, 2024.
2. The learned Single Judge rejected the claim as such of the present appellants to add two years’ service rendered by them, on daily wage basis, which was claimed in terms of the law laid down by the Apex Court in Civil Appeal No. 6309 of 2017, titled Sunder Singh versus State of Himachal Pradesh & others, and to commute the pension payable to them.
3. The learned Single came to the conclusion that the judgment as such in Sunder Singh’s case (supra) was only passed in the peculiar facts and circumstances of that case, where Class-IV employees were not having ten years’ service after regularization. In such circumstances, it has been ordered that daily wage service of five years will be treated equal to one year of regular service for pension and where services are more than eight years, but less than 10 years, their services will be reckoned as ten years.
4. The learned Single Judge further held that in the aforesaid judgment, the Apex Court has nowhere laid down that daily wage ser
Daily wage service cannot be counted towards pension eligibility without a specific legal basis, as established in the Sunder Singh ruling, which is not applicable in this case.
Daily wage service must be counted towards pension eligibility, allowing employees to qualify for benefits despite insufficient regular service years.
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.
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....
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....
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
Work charge service must be included in qualifying service for pension eligibility, aligning with constitutional principles and judicial precedents.
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