Held petitioners petition regarding pension qualification of daily waged service. Court disposed petition subject to outcome of pending Apex Court matter, noting merits not examined as Sarab Dayal precedent applicability remains open.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 4435 of 2010.
Decided on: 5th August, 2010.
Bhola Shankar.
….. Petitioner.
Versus
State of H.P. and another.
…… Respondents.
Coram
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge.
For the petitioner : Mr. Naresh Kaul, Advocate.
For the respondents : Mr. R.K. Sharma, Senior Additional Advocate General.
Justice Kurian Joseph, C.J. (Oral):
The issue raised in this writ petition pertains to the question whether 50% of the daily waged service is liable to be counted as qualifying service for the purpose of pensionary benefits.
2. We are informed that the issue is covered in favour of the worker by the decision of this Court in State of Himachal Pradesh & others vs. Sarab Dayal in CWP No.180 of 2001 decided on 19.7.2007.
3. It is pointed out that the matter is pending before the Apex Court. The parties agree that they will also be bound by the outcome of the decision, now pending before the Apex Court, so that the case also need not be taken to the Apex Court. Therefore,
2
this writ petition is disposed of, making it clear that in case the decision of this Court is implemented in the case of the similarly situated persons, in the case of the petitioner herein also, the judgment will be implemented expeditiously subject to the result of the matter pending before the Apex Court. We make it clear that we have not gone into the merits of the case and, therefore, it will be certainly open to the Authority concerned to examine whether on facts Sarab Datyal’s case would apply to the petitioner.
Copy dasti, on usual terms.
(Justice Kurian Joseph), Chief Justice.
(Justice Rajiv Sharma), Judge.
5th August, 2010.
1 issue framed by the court
50% of daily waged service be counted as qualifying service for pensionary benefits
Colour shows how this judgement treated each authority
State of Himachal Pradesh & others vs. Sarab DayalExplained¶16
State of Himachal Pradesh & others vs. Sarab Dayal in CWP No.180 of 2001
Bhola Shankar
State of H.P.
Kurian Joseph
Rajiv Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
