BALO DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) This Larger Bench has been constituted by Hon'ble the Acting Chief Justice to adjudicate and answer the following question:

(2.) Sunder Singh was appointed, on 1/1/1993, as a Baildar on daily-waged basis. His services were regularised with effect from 1/1/2002 after completion of 8 years service, and he retired on 31.1.20211, after serving, on regular basis, for 9 years 1 month. On account of denial of pension, for not having completed qualifying service of 10 years at his credit, as required under CCS (Pension) Rules, 1972, he approached this Court, by filing CWP No.3496 of 2011, by invoking Article 226 of the Constitution of India, seeking direction to count half of his daily-waged service towards qualifying service and thereafter pay pension to him from the due date alongwith incidental benefits.

(3.) Claim of Sunder Singh was based upon judgment dtd. 19/7/2007, passed by a Division Bench of this High Court in CWP No.180 of 2001, titled as State of H.P. and others v. Sarab Dayal, wherein it was held as follows: