Between:­ vs The State Of Himachal
2021 Latest Caselaw 5708 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA ON THE 13th DAY OF DECEMBER 2021 BEFORE

.

HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

& HON'BLE MR. JUSTICE SATYEN VAIDYA

CIVIL WRIT PETITION No. 7382 of 2021 Between:­ SHRI NANAK CHAND,

S/O SHRI KIRLU RAM, AGED 80 YEARS, R/O VILLAGE AND POST OFFICE KATORA, TEHSIL JAWALI, DISTRICT KANGRA, (HP).

....PETITIONER

(BY SH. ASHOK CHAUDHARY, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH, THROUGH ITS ADDITIONAL CHIEF SECRETARY,

(JAL SHAKTI VIBHAG) TO THE GOVERNMENT OF HIMACHAL PRADESH,

SHIMLA­171002.

2. THE ENGINEER­IN­CHIEF,

JAL SHAKTI VIBHAG, HIMACHAL PRADESH, JAL BHAWAN, TOTU, SHIMLA.

3. THE CHIEF ENGINEER, JAL SHAKTI VIBHAG, DHARMSHALA, AT KANGRA, DISTRICT KANGRA (HP).

4. EXECUTIVE ENGINEER, JSV DIVISION JAWALI, DISTRICT KANGRA, (HP).

5. THE ASSISTANT ENGINEER, JAL SHAKTI VIBHAG SUB DIVISION NAGROTA SURIAN, DISTRICT KANGRA (HP).

.

....RESPONDENTS

(SH. MR. ASHOK SHARMA, ADVOCATE GENERAL WITH MR. RAJINDER DOGRA, SR. ADDL. A.G AND MR.

HEMANSHU MISRA, ADDL. A.G. AND MR. BHUPINDER THAKUR, DY. A.G.)

This petition coming on for orders this day, Hon'ble Justice

Tarlok Singh Chauhan, passed the following:

                    r     ORDER

                 Notice.    Mr. Hemanshu Misra, learned Additional

Advocate General appears and waives service of notice on behalf of

the respondents.

2. The present petition has been filed with the following

substantial relief:

"That a writ in the nature of Mandamus may very kindly

be issued directing the respondents to hold the petitioner entitled for pension and they be further directed to give the pension to the petitioner w.e.f.

28.2.2003 with all consequential benefits like arrears of pension etc."

3. As per petitioner, he has rendered daily wage service

w.e.f. 21.10.1979 to 31.12.1993 for a period of 14 years and

thereafter, as regular service w.e.f. 1.1.1994 to 28.2.2003, for a

period of 9 years and two months. Therefore, in terms of the

judgment rendered by the Hon'ble Apex Court in Civil Appeal No.

6309 of 2017, titled as Sunder Singh vs. The State of Himachal

Pradesh & others, decided on 8.3.2018 and judgment rendered by

.

this Court in Balo Devi vs. State of Himachal Pradesh & others,

bearing CWP No. 3598 of 2019, the petitioner has completed 10

years of service as such, he is entitled for grant of pension under

CCS (Pension) Rules, 1972.

4. This matter requires examination by the employer/

respondents. Therefore, without going into the merits of the case, we

deem it proper to dispose of this petition by directing respondent

No.3 to consider and decide the case of the petitioner, in light of the

judgments referred above and in case the petitioner is found entitled

for the benefits therein, then same be granted to him, within a

period of two months from today. Pending application(s), if any,

shall also stand disposed of.

For compliance to come up on 7.3.2022.

                                        (Tarlok Singh Chauhan)





                                               Judge


                                            (Satyen Vaidya)
         th
    13 December, 2021                           Judge
       (kck)