Decided On 07Th October vs State Of H.P. & Ors
2023 Latest Caselaw 15638 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                    CWPOA No. 4379 of 2020
                                    Decided on 07th October, 2023
    Liaq Ram                                            ...Petitioner
                                  Versus




                                                          .
    State of H.P. & Ors.                             ...Respondents





    Coram

    Hon'ble Mr. Justice Ajay Mohan Goel, Judge





    1
    Whether approved for reporting?
    For the petitioner:      Mr. Rajesh Verma, Advocate.

    For the respondents:     M/s Rupinder Singh and Pushpinder




                             Jaswal, Additional Advocate Generals
                             with Mr. Rajat Chauhan, Law Officer, for
                  r         the respondents-State.

                             Mr. Rajinder Singh Thakur, Advocate, for

                             respondent No.4. .

    Ajay Mohan Goel, Judge (Oral)

CMP(T) No. 724 of 2023

For the reasons stated therein, present application

seeking early hearing of the petition is allowed.

CWPOA No. 4379 of 2020

By way of this petition, the petitioner has inter alia

prayed for the following reliefs:-

(i) "That the respondents may kindly be ordered to give retiral benefits like pension and leave encashment etc., to the applicant from the date of his retirement in the light of judgment passed by this Hon'ble Tribunal in OA No.

6681 of 2016 decided on 31st July, 2017 titled Matwar Singh State of H.P. (Annexure A-3) or under CPF pension scheme and the same may be made subject to the decision which would be taken by the respondents in

.

pursuant to Original Application No. 6192 of

2017 decided on 01.12.2017 (Annexure A-2).

(ii) That the respondents may kindly be directed

to release the amount of CPF and GPF, gratuity, leave encashment etc. illegally withheld by the respondents immediately with interest @ 9% per annum failing which the erring officials may be burdened with the

penal interest and cost for causing harassment to the applicant."

2. The case of the petitioner is that he was engaged

as a daily wage worker in the month of December 1991. His

services were regularized w.e.f 04.04.2007 and earlier he was

conferred work charge status w.e.f. 01.01.2002. During the

pendency of this petition, vide office order dated 05.09.2023,

copy whereof has been produced by the learned counsel for

the petitioner, which is ordered to be taken on record, the

petitioner has now been conferred work charge status w.e.f.

01.01.2000. The prayer of the petitioner is that the period spent

by him as a work charge employee be included for the

purposes of calculating his pension and other retiral benefits.

3. Having heard learned counsel for the petitioner and

learned Additional Advocate General and taking into

consideration the fact that this issue is no more res integra that

.

the service rendered by a workman after conferment of work

charge status, which is followed by regularization has to be

counted for the purpose of pension and other retiral benefits,

this petition is disposed of with the direction that the period of

work charge status w.e.f. 01.01.2000, followed by

regularization, shall be counted for the purpose of calculating

his pension as well as the post retiral benefits.

4. Pending application(s), if any, also stand disposed

of.

(Ajay Mohan Goel) Judge

October 07, 2023 (Vinod)