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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Gandho Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
Judgment :
Ajay Mohan Goel, J.
CMP No. 6973 of 2026
In view of the averments contained in the application, the same is allowed. The application stands disposed of.
CWP No. 579 of 2023
2. With the consent of the parties, this petition is being disposed of at this stage, today itself.
3. The case of the petitioner is that he was engaged as a daily wage Mason in IPH Sub-Division Chowari, Division Dalhousie, District Chamba, H.P, in the year 1991. He continuously worked as such by putting in full 240 days in each calendar year. His services were brought on work charge/regular establishment with effect from 01.01.2001. Thereafter, his services were regularized vide Annexure P-1, dated 28.07.2003. The petitioner superannuated on 30.06.2010. The grievance of the petitioner is that the work charge service rendered by him, as also the service rendered on daily wage basis have not be taken into consideration for assessing his eligibility to receive pension, in terms of the law settled by the Hon’ble Supreme Court of India in its judgments titled as Balo Devi Vs. State of H.P. & Ors., Civil Appeal No. 4792 of 2022, decided on 18.07.2022 and Sunder Singh Vs. The State of Himachal Pradesh & Ors., Civ
Service rendered by Class-III employees on a daily wage basis must be counted towards pension eligibility, as established by Supreme Court rulings.
Work charge service must be included in qualifying service for pension eligibility, aligning with constitutional principles and judicial precedents.
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....
Daily wage service must be counted towards pension eligibility, allowing employees to qualify for benefits despite insufficient regular service 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....
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.
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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