1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3602 of 2025 Date of decision: 21.07.2025 Ran Singh (since deceased) through LRs. ...Petitioners. Versus State of Himachal Pradesh & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. C.N. Singh, Mr. Devender K. Sharma and Mr. Anshul Gandhi, Advocates. For the respondents : Mr. Rajat Choudhary, Assistant Advocate General. Jyotsna Rewal Dua, Judge CMP No.17017 of 2025 The sole petitioner is stated to have died on 19.02.2024. His death certificate has been placed on record. This application has been moved by the legal heirs of the petitioner for being brought on record. There is no objection to the application by the learned counsel for the respondents. Accordingly, the application is allowed. The applicants/legal heirs of the deceased petitioner are ordered to be brought on record as petitioners No.1 to 4. Amended -2- memo of parties is taken on record. The Registry is directed to carry out necessary correction in the cause title. Application to stand disposed of. CWP No.3602 of 2022 2. Petitioners are the legal representatives of late Sh. Ran Singh, who superannuated from the respondent-Public Works Department on 31.03.2006. At the time of his retirement, he had rendered 8 years and 3 months of regular service and 10 years of daily wage service. Since his regular service fell short of the requisite qualifying service of 10 years under the Central Civil Services (Pension) Rules, 1972, the respondents did not sanction/release pension in his favour. Late Sh. Ran Singh’s representation for grant/release of pension in terms of law laid down in in Sunder Singh Versus the State of Himachal Pradesh & Ors.1 was rejected by the respondents on 06.05.2022 (Annexure P-5). Hence, this writ petition has been instituted claiming pension/family pension from the respondents on the ground that the daily wage service as rendered by late Sh. Ran Singh as Class-IV is also required to be credited in his account in light of law laid down in Sunder Singh1, Balo Devi & others Versus 1 Civil Appeal No.6309 of 2017, decided on 08.03.2018 -3- State of Himachal Pradesh and others2 and Roop Lal Versus State of H.P. & Others3. 3. In Sunder Singh1 the Hon’ble Apex Court held that w.e.f. 01.01.2018, the appellants (therein) or other similarly placed Class-IV employees will be entitled to pension, if they have been duly regularized and have completed eligible service for more than ten years. Daily wage service of five years will be treated equal to one year of regular service for pension. If on that basis, their service are more than eight years but less than ten years, then their service will be reckoned as ten years. The relevant para from the decision is as under:- “6. Accordingly, we direct that w.e.f 01.01.2018, the appellants or other similarly placed Class-IV employees will be entitled to pension if they have been duly regularized and have been completed total eligible service for more than 10 years. Daily wage service of 5 years will be treated equal to one year of regular service for pension. If on that basis, their services are more than 8 years but less than 10 years, their service will be reckoned as ten years.” The above was further clarified in Balo Devi2 as under :- 2 Civil Appeal No.4792 of 2022, decided on 18.07.2022 3 LPA No.196 of 2022, decided on 11.10.2023 -4- “We find it difficult to accept the submission of Mr. Patwalia. If the submission is accepted, the last line of paragraph 6 would lose any significance or meaning. The intent of this Court was quite clear that : - (a). The services rendered as a regular employee may first be computed. (b) To the service as rendered to above, the component at the rate of one year of regular service for every five years of service as a daily wager, be added. (c) If both the components as detailed in Paras a & b hereinabove, take the length of service to a level of more than eight years but less than ten years, in terms of last sentence of paragraph 6 of the Order, the services shall be reckoned as ten years.” Furthermore, in Roop Lal3 the benefit of decision in Balo Devi2 and Sunder Singh1, was extended to the daily wage service rendered by Class-III employees as well. Relevant paras from the judgment read as under:- “19. The claim herein is with respect to counting of service as rendered on daily wage basis before Regularization/ grant of work charge status towards qualifying service for grant of pension. For the said adjudication what is relevant is the period rendered towards daily wage by the concerned employee irrespective of the status of the employee, Class-III/ Class IV. 20. ………………… -5- 21. In view of the aforesaid proposition of law, we are of the considered view that the purpose of pension, the Constitutional mandate contained in Articles 14, 38, 39 of the Constitution of India and the doctrine of proportionate equality would be required to be read into the Rules as has been held by the Apex Court in Sunder Singh's case supra in order to give weightage of service rendered as daily wager towards regular service for the purpose of pension even to Class-III employees. 22. In view of the above discussion, respondent- State is directed to extend benefit of Daily Wage service to the petitioner, in terms of Sunder Singh's case, as explained in Balo Devi's case, for calculating qualifying service for the purpose of pension, and to extend all benefits of pension to the petitioner within one month from today. However, the petitioner shall be entitled for monetary benefits three years prior to the date of filing of the petition. Benefits accruing beyond three years prior to filling of the petition, if any, shall be only on notional basis. 22-A. With respect to the cut-off date from which actual monetary benefits are to be extended, keeping in view the law laid down by Supreme Court in Sunder Singh’s and Balo Devi’s cases, it is further clarified that the petitioner shall be entitled for actual monetary benefits w.e.f. 1.1.2018 and the monetary benefits, if any, prior to 1.1.2018 shall only be on notional basis, but if the three years period, prior to filing of the petition, is subsequent to 1.1.2018, then the actual benefits shall be granted from such subsequent date.” -6- 4. Taking note of above, the impugned decision of the respondents as conveyed in office letter date dated 06.05.2022 (Annexure P-5) is quashed and set aside. This writ petition is disposed of with a direction to the respondents to consider the case of the late Sh. Ran Singh afresh for counting daily wage service along with regular service rendered by him towards pension in light of aforesaid decisions and pass appropriate order, in accordance with law, within a period of six weeks. The order so passed be communicated to the petitioners. In case, the late Sh. Ran Singh/present petitioners are held entitled to pension/family pension, the same be released in favour of the petitioners within the aforesaid period, failing which, the respondents shall be liable to pay the amount due to the petitioners with 5% interest per annum from the due date. Pending miscellaneous application(s), if any, also to stand dispose of. Jyotsna Rewal Dua 21th July, 2025 Judge (Pardeep)