STATE OF H.P. Vs. SARAB DAYAL

JUDGEMENT

(1.) BY this judgment, we are dealing with and disposing of common questions of law which have arisen in a large number of cases. The arguments in all these cases were heard together and the judgment rendered in CWP No. 180 of 2001 shall govern the decision in other cases also. A copy of this judgment shall be placed on the record of all the other connected writ petitions.

(2.) THE respondents in most of these cases were initially employed as daily rated workmen in PWD or IPH departments of the State of Himachal Pradesh. Services of most of the employees were regularized in terms of the scheme framed by the government and approved by the Apex court in Mool Raj Upadhyaya Vs. State of H.P. and others 1994 Supp. (2) SCC 316 which reads as follows:-

(3.) TO appreciate the rival contentions of the parties, it would be pertinent to quote some of the pension rules, referred to by the parties. Rule 2 of the Pension Rules provides that the rules shall apply to all government servants, but shall not apply to :