STATE OF HIMACHAL PRADESH Vs. UDHAM SINGH

JUDGEMENT

(1.) THIS review petition is totally misconceived. The erstwhile H.P. State Administrative Tribunal vide its order dated 27.6.2001 allowed the application filed by Respondent Udham Singh and directed that half of the service rendered by him on daily wage basis as daily rated worker and full service as regularized worker, be taken into consideration for calculating his pensionary benefits etc.

(2.) AGGRIEVED by the said order of the learned Tribunal, the State filed CWP No. 388 of 2002 in this Court. This Court in State of H.P. and Ors. V/s. Sarab Dayal, being CWP No. 180 of 2001, decided on 19.7.2007, held that 50% of service rendered on daily wage basis should be counted for the purpose of calculating qualifying service for grant of pensionary benefits. Following the law laid down in Sarab Dayal 'scase, the writ petition filed by the State was dismissed and a specific direction was issued that total service of 13 years and 2 months of the Respondent shall be treated as qualifying service and the State was directed to pay the retiral benefits accordingly.

(3.) THEREAFTER , the State filed a review petition, which was dismissed on both grounds of delay as well as on merit. The order of the Apex Court reads as follows: These review petitions have been filed seeking review of our order dated 13th August, 2009, whereby the special leave petitions filed by the Petitioners were dismissed. Although there is a delay of 152 days, even otherwise having gone through the review petitions and the connected papers, we do not find any ground to review the aforementioned order. The review petitions are accordingly dismissed on the ground of delay as also on merit.