Balwant Singh vs State Of Himachal Pradesh And Others
2023 Latest Caselaw 18461 HP

Himachal Pradesh High Court

Balwant Singh vs State Of Himachal Pradesh And Others on 28 November, 2023

              IN THE HIGH COURT OF HIMACHAL PRADESH
                            AT SHIMLA

                                                               CWP No.7701 of 2023
                                             Decided on: 28th November, 2023




                                                                          .
    ____________________________________________________________





    Balwant Singh
                                                                                 ....Petitioner
                                               Versus





    State of Himachal Pradesh and others
                                                                         ......Respondents




                                                of
    Coram
    Hon'ble Mr. Justice Ranjan Sharma, Judge
    1 Whether approved for reporting?
                      rt
    For the Petitioner:                   Mr. Parkash Sharma, Advocate.

    For the Respondents:                  Mr. Rajan Kahol, Additional Advocate
                                          General, for respondents No.1 to 3-
                                          State.


                                          Mr. Chitranjan K. Sharma, Advocate,
                                          for respondent No.4-Account General.

    Ranjan Sharma, Judge (Oral)

Notice. Mr. Rajan Kahol, learned Additional

Advocate General and Mr. Chitranjan K. Sharma, learned

counsel, appear and waive service of notice on behalf of

respondents No.1 to 3 and respondent No.4, respectively.

2. With the consent of the parties, the instant writ

petition is taken up for disposal, at this stage, in view of the

Whether reporters of Local Papers may be allowed to see the judgment?

orders intended to be passed hereinafter.

3. The petitioner has filed the instant writ petition,

praying for the following relief:-

.

"That the respondents may kindly be directed to

count service as qualifying service of petitioner towards pension with effect from 7.12.2012

whereby granted daily wages status followed by regularization without interruption and consequently they may be held entitled to

of pensionary benefits under CCS (Pension) rules, 1972, with all consequential benefits."

4. rt Admittedly, the case of the petitioner is that he has

not completed eight years of qualifying service by clubbing the

regular and daily wages service even in terms of mandate of the

Hon'ble Apex Court in cases of Sunder Singh and Balo Devi

also, therefore, the petitioner is not eligible for pension, on the

basis thereof.

5. Today (28.11.2023) during the course of hearing,

learned counsel for the petitioner has relied upon a judgment in

CWP(T) No.3718 of 2018, titled as Lahia Ram Versus State of

H.P. and others, reported in 2010 (7) SLR 217 [taken on

record] and in terms of the aforesaid judgment, the petitioner

prays that his case may be considered for grant of pension etc.

6. Per contra, Mr. Rajan Kahol and Mr. Chitranjan K

Sharma, learned counsel, submit that so far as the pension

based on the mandate of Sunder Singh and Balo Devi is

.

concerned, the petitioner admittedly, is not eligible and,

therefore, his claim cannot be considered. So far as the claim

now raised on the basis of judgment in Lahia Ram (Supra) and

as requested by Mr. Parkash Sharma, learned counsel for the

of petitioner, on instructions, this Court permits the petitioner to

make a representation to respondent No.2-Director, Higher rt Education, Himachal Pradesh, within three weeks from today;

with further directions to the aforesaid respondent and to pass

appropriate offers, within two months thereafter.

7. It is clarified that this Court has not adverted to the

rival contentions and merits of the matter and all Questions of

facts and law are left open.

As aforesaid, the writ petition as well as the pending

miscellaneous application(s), if any, shall also sand disposed of,

accordingly.

(Ranjan Sharma) Judge November 28, 2023 (Bhardwaj)