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2011 Supreme(HP) 932

KURIAN JOSEPH, RAJIV SHARMA
Lalman – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the petitioner: None.
For the Respondents:Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, Dy. Advocate General.

JUDGMENT

Kurian Joseph, J.

The petitioner claims that he is entitled to the benefit of the decision of the Apex Court in Mool Raj Upadhyaya vs. State of H.P., 1994 Supp. (2) SCC 316. It is also submitted that he is entitled to the benefit of counting of 50% of his daily waged service for the purpose of pension, as held in State of H.P. & others vs. Sarab Dayal rendered in CWP No.180 of 2001 decided on 19.7.2007. As far as the second prayer is concerned, it will depend on the outcome of the matter now pending before the Supreme Court. As far as the first grievance is concerned, the same in any case has become final. There will be a direction to the second respondent to look into the matter with notice to the petitioner and take appropriate action within a period of four months from the date of receipt of a copy of this judgment. The action thus taken shall be communicated to the petitioner. The Registry will communicate a copy of this judgment to the petitioner and the second respondent also.

3. The writ petition is disposed of, so also the pending applications, if any.


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