Himachal Pradesh High Court
CWP/8255/2010 on 29 December 2011
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 8255 of 2010
Date of decision: 29.12.2010.
Chhota Ram
….. Petitioner.
Vs. State of H.P. and ors.
…. Respondents.
Coram
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, Judge.
For the Petitioner : Mr. Rajiv Rai, Advocate.
For the Respondents : Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G.
for respondents No. 1 & 2.
Justice Kurian Joseph, C.J. (Oral)
The issue raised in this writ petition pertains to the question whether 50% of the daily waged service is liable to be counted as qualifying service for the purpose of pensionary benefits.
2. We are informed by the learned counsel for the petitioner that the issue is covered in favour of the petitioner by the decision of this Court in State of Himachal Pradesh & others vs. Sarab Dayal in CWP No.180 of 2001 decided on 19.7.2007.
3. It is pointed out that the matter is pending before the Apex Court. The parties agree that they will also be bound by the outcome of the decision, now pending before the Apex Court, so that the case also need not be taken to the Apex Court. Therefore, this writ petition is disposed of, making it clear that in case the decision of this Court is implemented in the case of the similarly situated persons, in the case of High Court of H.P. 2010:HHC:13008-DB ::: Downloaded on - 05/11/2026 12:05:14 :::CIS
- 2 - the petitioner herein also, the judgment will be implemented expeditiously subject to the result of the matter pending before the Apex Court. We make it clear that we have not gone into the merits of the case and, therefore, it will be certainly open to the Authority concerned to examine whether on facts Sarab Datyal’s case would apply to the petitioner.
Dasti copy.
(Justice Kurian Joseph), Chief Justice
(Justice V.K. Sharma), December 29, 2010
Judge (VT/pankaj)
High Court of H.P. 2010:HHC:13008-DB ::: Downloaded on - 05/11/2026 12:05:14 :::CIS