Disposed

Gagan Singh v. State of Hp and Others

Himachal Pradesh HC12 Dec 2023CWP/9867/2023

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh directed the Director of Higher Education to consider the petitioner's representation regarding pension eligibility based on daily wage and regularization service, granting a personal hearing within six weeks while leaving merits open.

What did the court decide?

Direction to consider the representation dated 02.10.2023 and hold a personal hearing within six weeks.

Gagan Singh Vs State of Hp and Others — Pension and Retirement Benefits | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No.9867 of 2023

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Decided on: 12^th December, 2023

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Gagan Singh ....Petitioner

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Versus

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State of Himachal Pradesh & ors. ….Respondents

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Coram

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Hon’ble Mr. Justice Ranjan Sharma, Judge

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1 Whether approved for reporting? Yes

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For the petitioner	:	Mr. Par Advocate.	kash	Sharma,
For the respondents	:	Mr. Rajan Advocate respondents	Kahol, Gener No.1 to	Additional al, for 3.
		Mr. Tek Advocate, for	Ram respon	Sharma, dent No.4.
Ranjan Sharma, Jud	ge	(Oral)

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Notice. Mr. Rajan Kahol, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No.1 & 3. Mr. Chitranjan K. Sharma, learned counsel appears and waives service of notice on behalf of respondent No.4.

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

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2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the peculiar facts as borne out from the pleadings.

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3. The petitioner has filed the instant writ petition with the following prayer(s):-

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“(i) That the respondents may kindly be directed to count service as qualifying service of petitioner towards pension with effect from 31.03.2012 from the date granted daily wages status followed by regularization without interruption and consequently he may be held entitled to pensionary benefits under CCS (Pension) Rules, 1972, with all consequential benefits;

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(ii) That the respondents may kindly be directed to extend the benefit of Apex Court Judgment in Bego Devi Vs State of HP, reported in Latest HLJ 2022 (Vol-II) (HP) 817d to the petitioner. Consequently, he may be held entitled pensionary benefits, with all consequential benefits.”

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4. The case of the petitioner is that the petitioner

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was initially engaged as a part-time Water Carrier in September, 1997. His services were converted as a Daily

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Wager on 06/10.12.2012 and he joined as same at Government Primary School, Chawla Depalion. His services were subsequently regularized in October, 2016 and is due for superannuation on attaining the age of 60 years on 31.01.2024, after rendering seven years and three months of regular service.

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5. The petitioner claims pension w.e.f. 01.012018 by giving the benefit of the weightage of Daily Wage Services in lieu of regular service and the regular service for pension w.e.f. 01.01.2018 as per the mandate of the Hon’ble Apex Court in Civil Appeal No.6309 of 2017 , titled as State of Himachal Pradesh Versus Sunder Singh , which was further clarified by the Hon’ble Apex Court in case of Balo Devi Versus State of Himachal Pradesh & ors. i.e. latest HLJ 2022 HP (II) 817.

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6. For claiming pension, as aforesaid, the

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petitioner is stated to have made a representation to Respondent No.2-Director of Higher Education, Himachal

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Pradesh, on 02.10.2023 (Annexure P-3), which is stated to be pending.

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7. Per contra, Mr. Rajan Kahol, learned State Counsel, submits that the factual aspects regarding the entitlement and eligibility of the petitioner in terms of the judgment in case of Balo Devi ( supra ) needs to be scrutinized and examined.

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8. In the entirety of the facts referred to above, this Court directs the Respondent No.2-Director of Higher Education, Himachal Pradesh to consider/examine the representation dated 02.10.2023 (Annexure P-3) and to pass appropriate orders after giving a personal hearing to the petitioner within six weeks from today.

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9. Needless to say 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.

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In aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any,

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shall also stand disposed of, accordingly.

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(Ranjan Sharma) December 12, 2023 Judge (Shivender)

Gagan Singh v. State of Hp and Others

Case brief

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Gagan Singh v. State of Hp and Others

Case brief

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