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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Sunita – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. widow seeks family pension counting prior contractual service. (Para 1 , 2) |
| 2. dispute: ad-hoc vs. contractual service for pension eligibility. (Para 3 , 4) |
| 3. contractual service followed by regularization counts as qualifying service under rule 17 ccs pension rules. (Para 5 , 6) |
| 4. widow entitled to family pension after one year continuous service per rule 54. (Para 7) |
| 5. rejection quashed; family pension directed as social security right. (Para 8 , 9 , 10) |
JUDGMENT :
RANJAN SHARMA, J.
1. Petitioner, Sunita, being the widow of late Dr. Prakash Chand, had initially filed CWP No.1654 of 2012 before this Court and on establishment of H.P. State Administrative Tribunal, the matter was transferred to the said Tribunal and now upon abolition, the matter stood transferred to this Court, as CWPOA No.959 of 2019, seeking the following reliefs:-
“13(a) That this Hon’ble Court be pleased to allow this petition after calling for the records of the case and perusing the same, set aside and quash impugned orders Annexures P5 and P6 by a Writ of Certiorari, or a writ in the nature of Certiorari, or any other appropriate writ, order or direction under Article 226 of the Constitution
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....
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Contractual service followed by regular teaching service counts as qualifying for pension under pension rules; legal heirs entitled to revised family pension upon option exercise and service integrat....
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.....
The main legal point established in the judgment is the strict interpretation of the statutory provision under sub-rule (6) of Rule 18 of the OCS (Pension) Rules, 1992, and the court's direction for ....
Ad hoc service can qualify for family pension if the employee has completed over five years of service, as per the Gujarat Civil Services (Pension) Rules, 2002.
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