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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
G.S. Sandhawalia CJ., Ranjan Sharma, J.
Soma Devi and others - Petitioners
Versus
Union of India and others - Respondents
CWP No. 3241 of 2016
Decided On : 21-11-2025
| Table of Content |
|---|
| 1. employee granted temporary status after prior litigations (Para 1 , 2 , 3) |
| 2. claims for regularization and pension denied by respondents (Para 4 , 5) |
| 3. tribunal rejected claims post-employee's death (Para 6 , 7 , 8) |
| 4. tribunal's non-adjudication of pension vitiates order (Para 9 , 10 , 11) |
| 5. temporary status entitles pensionary benefits as group d (Para 12) |
| 6. rule 154-a treats contingency staff as regular employees (Para 13) |
| 7. shyam lal: deemed regularization for pension upheld (Para 14) |
| 8. precedents affirm pension despite no formal regularization (Para 15 , 19) |
| 9. long temporary service qualifies for pension; denial arbitrary (Para 16 , 17 , 18) |
| 10. deemed regularization and family pension directed (Para 20 , 21 , 22 , 23 , 24 , 25) |
Judgment :
Ranjan Sharma, J.
Petitioners, namely, Soma Devi being the widow and Raju Verma and Sunil Kumar being sons of deceased employee, namely, Mehar Chand, have come up before this Court, assailing the order dated 28.10.2015 [Annexure P-5] [referred to as the Impugned Order] passed by the Learned Central Administrative Tribunal, Chandigarh Bench [referred to as Tribunal], rejecting the claim of the deceased employee, namely Mehar Chand for regularization and in not adjudicating the claim of deceased employee for retiral benefits, including pension for the continuous and uninterrupted temporary service rendered {w.e.f. 29.11.1989 till superannuation on 08.06.2012}, as admissible to the regular Group “D” Employees ; and when, based on temporary service rendered, the retiral benefits including pension were granted to another similarly placed superannuated employee, namely Shri Shyam Lal Shukla; and denial of legal entitlements of retiral benefits to deceased employee Mehar Chand w.e.f. 08.06.2012 and resultant denial of family pension to the substituted petitioner no 1, Soma Devi, being the widow w.e.f 28.01.2015 till day has led to the filing of third round of litigation, by means of OA No 063/00161/2014, assailing rejection orders and in asserting claim for pension / family pension.
FACTUAL MATRIX IN EARLIER ROUND OF LITIGATIONS BEFORE LEARNED TRIBUNAL:
2. In First Round of Litigation, O.A. No. 618 /HP/2009, the deceased employee, Mehar Chand, had filed an Original Application, before Learned Tribunal by setting up a case that he was engaged as Part-Time Water Carrier in Post Office Bhambla, District Mandi, Himachal Pradesh, on 03.03.1983, but instead of working as a Part-Time Worker, the Respondents have made him to work for the duration stretching from 8 hours to 16 hours continuously and un-interruptedly; and prayed for grant of Temporary Status on completion of one year’s service in terms of the Policy dated 12.04.1991 and had prayed for regularization as granted toother similarly placed incumbents, including one Rattan Chand, who had filed Original Application No.822/HP/1998, decided on 15.05.2000 and other Original Applications filed by Puran Chand, Lekh Chand Sharma and Narain Singh, respectively. The Original Application filed by the deceased employee, Mehar Chand, was disposed of by the Learned Tribunal on 19.07.2010 [at pages 38 to 46 paper book] by directing the Respondents to consider the case of the deceased employee, Mehar Chand, for grant of Temporary Status in terms of the Scheme of 1991 in the same manner in which the benefits have been extended to others and with further direction(s) to consider the claim for regularization as per Rules and Law and the Scheme at the appropriate time. Pursuant to the orders passed by Learned Tribunal on 19.07.2010, the Respondents issued an order dated 11.08.2011 [at page 47 of paper book], whereby, deceased employee, Mehar Chand, was granted Temporary Status as Casual Labourer w.e.f. 29.11.1989 and after completing three years of continuous service, he was treated at par with Temporary Grade ‘D’ Employees of Department of Posts w.e.f. 29.11.1992 and was held entitled for bene
Long-serving temporary employees with status granted are entitled to deemed regularization and pensionary benefits despite no formal order due to inaction; tribunal must adjudicate all claims; parity....
Temporary Status Casual Labour with long service, retiring without formal regularization, deemed regular employee entitled to pension and retiral benefits with 6% interest.
Employees with temporary status are entitled to pension and benefits, despite the absence of formal regularization, based on continuous service and similar precedents.
Casual labourers granted temporary status under 1991 Scheme deemed regularized as Group ‘D’ employees upon continuous service, entitling family to pensionary benefits despite no formal regularization....
Temporary status can lead to entitlement for post-retiral benefits under specific rules, affirming rights for employees treated as regular despite lack of formal regularization.
Employees granted temporary status are entitled to pensionary benefits as regular employees, irrespective of formal regularization.
Contingency Paid Chaukidars with temporary status deemed regular Group D employees entitled to pensionary benefits per departmental manual.
Entitlement to pensionary benefits for casual employees granted temporary status under administrative law principles.
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