(1.) THE petitioner filed an Original Application before the erstwhile H. P. State Administrative Tribunal. On abolition of the Tribunal, the said Original Application was transferred to this Court in terms of the Himachal Pradesh Administrative Tribunal (Transfer of Decided and Pending Cases and Applications) Act, 2008, and registered as CWP (T) No. 11483 of 2008. The following two points arise for consideration in this petition:
(2.) The undisputed facts of the case are that the petitioner served in the Indian Army w.e.f. 16.05.1967 to 01.03.1989. On his discharge from the Army, the petitioner was engaged as Surveyor on daily wage basis in August 1989 and worked as such till 31st December, 2002. It is alleged that right from the year 1990 till 2002, he worked continuously for 240 days each year and he was regularized in service as Surveyor w.e.f. 7th January, 2003. He retired from service on 30th October, 2004.
(3.) AS far as the first issue is concerned, the same is squarely covered by a judgment delivered by a learned Single Judge of this Court in CWP (T) No. 10333 of 2008, titled Ranjit Chand Katoch versus State of H.P. & another, wherein after considering Rule 19 of the CCS (Pension) Rules, the learned Single Judge held as follows :