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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA CJ., RANJAN SHARMA
Soma Devi – Appellant
Versus
Union of India – Respondent
| 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
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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