Himachal Pradesh High Court
Decided On 16Th December vs State Of H.P. & Anr on 16 December, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.6262 of 2020
Decided on 16th December, 2022
Jhenku Ram ...Petitioner
.
Vs.
State of H.P. & Anr. ...Respondents
Coarm
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
Hon'ble Mr. Justice Virender Singh, Judge
1Whether approved for reporting?
For the petitioners: Mr. Arun Kumar, Advocate.
For the respondents: Mr. Ashok Sharma, Advocate
r General, with Mr. Vinod Thakur and
Mr. Bhupinder Thakur, Deputy
Advocate General.
Tarlok Singh Chauhan, Judge (Oral)
Learned Additional Advocate General has placed on record
instructions dated 15.12.2022, relevant portion whereof, reads as
under:-
"And whereas Sh. Jhenku Ram, Beldar,
retired on 31.12.2005 after rendering 7 years 8
month of regular service. He was regularized after
completion of 10 years of daily wages service as per
scheme framed by Govt. on Mool Raj Upadhye case.
As per Sunder Singh judgment read with Balo Devi
judgment, the benefit of 5 years of daily wages
service be treat as one year of regular service and on
that basis he rendered 7 years 8 months +2 years
waightage, he render total 9 years, 8 months service.
As per holding of Hon'ble Apex Court in sub para(c) of
the aforesaid judgment, both component take the
length of service more than 8 years, but less than 10
years of petitioner is entitled for pension in terms of
Sunder Singh case and further explained/interpreted
in Balo Devi case.
Accordingly, the petitioner would be entitled to
pension and admissible pension benefits as per his
claim, as held in para wherefore total length of
service to be considered as per judgment rendered on
.
dated 18.07.2022 by the Hon'ble Supreme Court of
India in SLP(C) No. 18830/2021 is regular service
w.e.f. 01.04.1998 to 31.12.2005=7 years & 8
months+2 years weightage in lieu of 10 years daily
wages service and on that basis wherefore total
length of service to be consider as per judgment
rendered on dated 18.07.2022 by the Hon'ble
Supreme Court of India in SLP(C) No. 18830 of 2021
is regular service w.e.f. 01.04.1998 to 31.12.2005=7
years & 8 months+2 years weightage in lieu of 10
years daily wage service and on that basis judgment
by the Hon'ble Apex Court. As Hon'ble Apex Court in
Sunder Singh case at para-6 of the judgment held the
appellant and similar situated Class-IV employees
entitled to pension w.e.f. 01.01.2018, therefore, the
petitioner will be entitled/given pension and other
admissible benefits in terms of Sunder Singh case
w.e.f. 01.01.2018. His pension case will be prepared
and will be sent to the Accountant General (A&E)
Shimla, H.P. for approval."
2. The instant petition has been filed for the grant of following
substantive reliefs:-
"i) That the respondents may kindly be directed to
regularize the services of the petitioner on the
completion of 8/10 years with all benefits.
ii) That the respondents may kindly be directed to
grant pension to the petitioner alongwith
interest and arrears from the date of his
retirement in the interest of justice."
3. Now that the respondents are themselves considering the
claim of the petitioner as is evident from the aforesaid instructions, we
deem it appropriate to dispose of this petition by directing the
respondents to take consequential action in terms of the aforesaid
instructions by granting pension and other admissible benefits to the
petitioner in terms of Sunder Singh's case and release the same within a
period of three months from today. Ordered accordingly. Pending
application(s), if any, also stands disposed of.
.
4. For compliance, to come up on 17.03.2023.
(Tarlok Singh Chauhan)
Judge
(Virender Singh)
Judge
December 16, 2022
(Vinod)
