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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, RANJAN SHARMA
Madhu Tomar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. anganwadi honorary service not countable for pension (Para 1 , 2) |
| 2. courts cannot direct executive policy framing (Para 3 , 4) |
| 3. anganwadi workers not government servants (Para 5) |
| 4. scheme service non-qualifying under pension rules (Para 6 , 7) |
| 5. nfsa recognition not retrospective (Para 8) |
| 6. pension requires explicit rules provision (Para 9) |
| 7. precedents distinguishable from honorary service (Para 10) |
| 8. no pension; appeal dismissed upholding judgment (Para 11 , 12) |
JUDGMENT :
Ranjan Sharma, J.
Appellant, Madhu Tomar, has come up before this Court assailing the judgment dated 02.12.2016 [referred to as Impugned Judgment] passed by the Learned Single Judge in CWP No. 1172 of 2012, In re: Madhu Tomar versus State of Himachal Pradesh & another, dismissing the claim in the writ petition for directing the State Authorities to frame a Policy for counting the service rendered as Anganwari Worker from 21.10.1982 till 30.08.2005 towards regular service rendered till superannuation on 29.02.2012 for pension; with the prayer to set-aside the Impugned Judgment and to grant the benefit of pension to the appellant.
FACTUAL MATRIX BEFORE WRIT COURT:
2. Appellant herein being the peti
Honorary service as Anganwadi worker under scheme not qualifying for pension as non-government, non-substantive civil post service in non-pensionable establishment; courts cannot direct policy to cou....
The retirement age of Anganwadi workers is subject to uniform standards set by central guidelines, overriding local policies that impose lower age limits, ensuring no arbitrary state action. All work....
The main legal point established in the judgment is the need to follow Rule 11(2) of the Pension Rules and the Full Bench Judgement in determining the eligibility for pensionary benefits.
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....
Pension revisions for special time scale employees must follow the same methodology as regular time scale employees to ensure equality under Articles 14 and 16 of the Constitution.
Point of law: It is a settled legal proposition that the court should not set aside the order which appears to be illegal, if its effect is to revive another illegal order. It is for the reason that ....
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