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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Tej Ram – Appellant
Versus
Himachal Pradesh Electricity Board Ltd. – Respondent
judgment :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-
“(i) That the impugned order dated 26.10.2021 contained in Annexure P-3 may kindly be quashed and set aside by issuing a writ in the nature of certiorari.
(ii) That the respondents may kindly be directed to grant full pension to the petitioner after 01.01.2018 alongwith arrears and interest @ 12% per annum by issuing a writ of mandamus.”
2. There is a very short controversy involved in the present writ petition. The case of the petitioner is that he was initially engaged as a Daily wager on 26.04.1987. He was conferred work charge status with effect from 14.11.2002. His services were regularized on 09.01.2010 and he retired on 31.05.2012. The petitioner is aggrieved by order dated 26.10.2021 (Annexure P-3), in terms whereof, he has been denied grant of pension, by assigning the following reasons:-
“3. The record of the case has been perused. The gist of the orders passed by the Hon'ble Supreme Court of India in Civil appeal No. 6309 of 2017 titled as Sunder Singh Vs the State of HP is as under:
4. "Since the applicants have not rendered the requisite 10 years
Work charge service must be included in qualifying service for pension eligibility, aligning with constitutional principles and judicial precedents.
Service rendered by Class-III employees on a daily wage basis must be counted towards pension eligibility, as established by Supreme Court rulings.
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....
Daily wage service must be counted towards pension eligibility, allowing employees to qualify for benefits despite insufficient regular service years.
An employee's prior daily wage service is to be included in qualifying service for pension eligibility, despite the date of regularization, per recent amendments to service rules.
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....
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.
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.
Work-charge service must be counted for pensionary benefits, as established by prior legal precedents.
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