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High Court of Himachal Pradesh · body

2025 DAILYLAW 10826 (HP)

RAMESH CHAND v. THE STATE OF HP AND OTHERS

CWP/8222/2025 · 2025-06-02

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8222/2025 Decided on: 02.06.2025 Ramesh Chand …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Adarsh K. Vashisht, Advocate. For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General Jyotsna Rewal Dua , J Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, accepts notice on behalf of the respondents. With the consent of learned counsel for the parties, the matter is heard at this stage. 2. Petitioner retired from the service of respondents on 31.12.2016. He is not being paid pension, hence, the grievance. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 3. Learned counsel for the petitioner submitted that the petitioner has rendered regular service of 7 years 10 months and 5 days, which though fell short for qualifying service of 10 years for the purpose of grant of pension in pensionary benefits, however, the petitioner deserves to be granted due benefits of daily wage service rendered by him for the period of 9 years 7 months and 17 days in light of decisions rendered in Balo Devi Vs. State of H.P. & Ors2. and Baldev Vs. State of H.P. & Ors3. That in case, petitioner gets the benefit of said decisions, he would qualify for the pension. Learned counsel for the petitioner further submitted that the petitioner has preferred a representation on 15.03.2025 (Annexure P-5) to respondent No.2/competent authority, however, no concrete action on his representation has been taken till date. Learned counsel also submitted that the petitioner would be satisfied, in case, respondent No.2/competent authority is directed to consider and decide the aforesaid representation of the petitioner, in a time bound manner. Learned Additional Advocate General for the respondents has no objection to this prayer. 4. In view of above submission, the instant writ petition is disposed of by directing respondent No.2/competent authority to consider and decide the aforesaid representation of the petitioner, in accordance with law, within a period of six weeks from today. The 2CWP No. 3598/2019 decided on 28.09.2021 3CWP No.2711/2017 a/w connected matters decided on 22.02.2022 3 order so passed be also communicated to the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge June 02, 2025(rohit)