BHARATH RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-

(2.) The case of the petitioner is that he was engaged on daily wage basis in the year 1994. His services were regularized w.e.f. 1/1/2003. He superannuated on attaining the age of superannuation on 31/12/2011. Pension was denied to him on the ground that he has not completed ten years of service post regularization which was pre-requisite for being eligible for grant of pension.

(3.) Learned counsel for the petitioner has placed reliance upon the judgment of Hon'ble Supreme Court of India in Sunder Singh vs. The State of Himachal Pradesh and Ors., Civil Appeal No.6309 of 2017, decided on 8/3/2018 (Annexure P-2) and submitted that in terms of this judgment if there is a short fall in completion of ten years of service post regularization in the case of a workman, then the service rendered by such a workman on daily wage basis has to be given credit to and five years of service rendered on daily wage basis is to be treated as one year regular service or pension. He submitted that as the petitioner had put in more than eight years of service before his regularization on daily wage basis, therefore, five years of daily wage service has to be treated as one year of regular service for pension and by doing so the petitioner shall gain eligibility for the purpose of grant of pension. He prays that petitioner be thereafter allowed as prayed for.