O R D E R

By way of instant petition, petitioner has prayed for following substantive reliefs:

“i) That the respondents may be ordered to take into account the service rendered by the petitioner on daily wage basis/temporary basis w.e.f. 1987 till 1998 for the purpose of pension and the entire service may be ordered to qualify and the same may be added to the qualifying service for the purpose of pension and other retiral benefits and the pension of the petitioner may be ordered to be re-fixed from the due date with all the benefits incidental thereof.”

2. The facts as pleaded in the petition are that the petitioner was engaged as T-mate by the respondents in March, 1987. His services were brought on work charge/regular establishment w.e.f. 01.01.1998. Petitioner retired in November, 2012 and he is getting pension on the basis of 13 years of his service after 01.01.1998.

3. The petitioner claims that his services prior to 01.01.1998 are also liable to be counted as qualifying service for pension and other retiral benefits. As per petitioner, he was employed as temporary workman in the regular establishment of respondent No.1 prior to 1.1.1998 and as such, his entire service would qualify for the purpose of pension as per the CCS(Pension) Rules, 1972. The petitioner further claims that the respondents had prepared his service book and he was also subjected to medical examination before his appointment which means that petitioner was temporary workman.

4. The claim of the petitioner has been contested by respondents. It is averred that petitioner is estopped from filing the petition and is also not entitled for relief on account of delay and laches. On merits, it is submitted that the services of the petitioner rendered as daily wager cannot be counted towards pensionary benefits.

5. I have heard learned counsel for the parties and have also gone through the records of the case carefully.

6. The petitioner has placed reliance upon the Standing Orders applicable to respondent No.1. Petitioner submits that since his services were utilized continuously from 1987 till 1997 with 240 days in each calendar year, his employment cannot be said to be casual. As per the petitioner he has worked as a temporary employee in regular establishment of respondent No.1 which gives him right to claim the period of service rendered by him before 01.01.1998 to be counted towards qualifying service for pension.

7. Clause 5 of the Standing Orders relied upon by the petitioner read as under:

“5. The Board shall have the following classes of workmen in the different establishments: -

(a) Regular establishment having temporary and permanent workmen.

(b) Workcharge establishment having workcharge workmen.

(c) Casual establishment having Casual/

Temporary workmen.

(d) Apprentices.

Explanation: -

(a) The workmen (Temporary & Permanent) on regular establishment shall be governed by F.R.& S.R.

(b) The workmen in workcharge establishment shall also be governed by F.R. & S.R. but for the purpose of leave the provisions of these Standing Orders shall apply.

(c) A ‘Temporary Workman’ in casual establishment shall mean a workman who has been engaged for a work which is essentially of a temporary nature and likely to be finished within a limited period.

(ii) A ‘Casual workmen’ in Casual establishment is a workman whose employment is of a Casual nature.

(iii) A Casual Workman shall be said to be in continuous service for a period if he is, for that period, in un-interrupted service, including service which may be interrupted on account of reasons as indicated hereunder in the Note.

Where a Casual workman is not in continuous service within the meaning of above sub-para for a period of one year, he shall be deemed to be in continuous service for one year, if he, during a period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked in the different areas of the Pradesh as under:-

1. All areas of H.P. except Lahaul & Spiti 240 da