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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Sudarshna Devi – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition seeks regularization, pension; settles for notional/actual benefits (Para 1 , 2) |
| 2. service history: daily wage from 1984, regularized 1998, denied pension (Para 3 , 4) |
| 3. precedents apply weightage to daily wages for class iii/iv pension (Para 5 , 6) |
| 4. qualifying service exceeds 10 years with weightage; pension entitled (Para 7) |
| 5. direct family pension notionally from 2015, actual from 2018 (Para 8) |
JUDGMENT :
Ranjan Sharma, J.
Petitioner, Sudarshna Devi, being widow of Late Sh. Om Parkash has come up before this Court,seeking the following reliefs:-
“I. That the respondents may very kindly be directed to consider the services of the deceased husband of the applicant to be regularized with effect from 1.1.1994.
II. That the respondents be directed to release pension to the deceased from 1.5.2007 and thereafter family pension to the applicant from the date of death of the husband of the applicant.
III. That the respondents be directed to pay all the pecuniary benefits along with interest at the rate of 18% per annum.
IV. That the respondents be directed to pay all consequential benefits of regularization with effect from 1.1.1994 to the applicant.”
2. At the very
Widow of Class-III employee entitled to family pension with weightage for daily wage service (5 years daily=1 year regular), qualifying total service over 10 years; notional from death date to 31.12.....
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.
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....
Entitlement to family pension based on the requirement of regular service and the application of proportional equality in granting pension benefits.
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....
Long-service casual workers' families entitled to notional regularization for family pension and retiral benefits despite Uma Devi non-compliance.
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....
Uninterrupted contractual service followed by substantive regularization on same post counts as qualifying service for family pension under CCS (Pension) Rules Rules 2, 17, 54, entitling widow upon d....
Pension on premature/voluntary retirement requires 20 years qualifying service per amended rules; shorter service ineligible unless government relaxes for undue hardship or grants weightage for prior....
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