STATE OF HP AND ORS Vs. HAKAM RAM

JUDGEMENT

(1.) By way of instant Letters Patent Appeal having been filed by the appellants-State, challenge has been laid to judgment dated 22.3.2012, passed by the learned Single Judge of this Court in CWP(T) No. 11483 of 2008 titled Hakam Ram Vs. State of HP and Ors, whereby learned Single Judge, while allowing the writ petition having been preferred by the petitioner (respondent herein), directed as under:-

(2.) Briefly stated facts as emerge from the record are that the petitioner after having served in the Indian Army w.e.f. 16.5.1967 to 1.3.1989, came to be engaged as Surveyor on daily wage basis in Aug. 1989 with the respondent-department and worked in the aforesaid capacity till 31.12.2002. Right from the year, 1990 till 2002, petitioner worked continuously for 240 days each year and w.e.f. 7.1.2003, he was regularized in service as Surveyor and ultimately, superannuated from service on 30.10.2004.

(3.) In nutshell, claim of the petitioner as emerge from the original application having been filed by him before the HP State Administrative Tribunal, which subsequently, came to be transferred to this Court, is that in terms of Rule 19 of the CCS (Pension) Rules, appellants-respondents-State ought to have given him the option after his regularization as to whether he wanted to get pension under Civil Rules or would prefer to get the benefit for the Army service rendered. By way of aforesaid original application, petitioner (respondent herein) also claimed that service rendered by him in the Army should be taken into consideration while fixing pay from the stage of his regularization in the service.