MAHANTU Vs. GOVERNMENT OF HIMACHAL PRADESH AND ORS.

JUDGEMENT

(1.) PETITIONER has rendered 10 years service on daily wage and thereafter he has worked on regular basis for 9 years 3 months. In view of the law laid down by a Division Bench of this Court in State of Himachal Pradesh and Ors. v. Sarab Dayal, CWP No. 180/2001 decided on 19.7.2007, half of the service rendered by the Petitioner on daily wage followed by regular service is to be counted for the purpose of pension. In view of this, period of 5 years followed by 9 years 3 months regular service is to be counted for the purpose of pension.

(2.) CONSEQUENTLY , the petition is allowed. Respondents are directed to consider the case of the Petitioner for grant of pension within a period of 4 weeks from today. The Petitioner is also held entitled for interest @ 9% per annum. The release of pension shall abide by the outcome of SLP preferred by the State of Himachal Pradesh against the judgment in Sarab Dayal's case. No costs.