STATE OF HP AND OTHERS v. Dharam Chand and another
LPA/325/2024 · 2025-03-27
Ranjan Sharma, Vivek Singh Thakur
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 12840 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12840 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No. 325 of 2024 Date of Decision: March 27, 2025 State of H.P & others …Appellants Versus Dharam Chand and another ..Respondents.
Coram: The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. The Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?1 For the Appellants: Mr.Rakesh Dhaulta, Additional Advocate General. For the Respondents: Mr.Parav
Sharma,
Advocate,
for respondent No.1. Mr.Tek Chand Sharma, Advocate, for respondent No.2. Vivek Singh Thakur, J. (Oral) This appeal has been filed by the appellants-State against the judgment dated 10.11.2023 passed by learned Single Judge, in CWPOA No. 4843 of 2020, titled as Dharam Chand vs. State of Himachal Pradesh and others, whereby, relying upon
judgment dated 11.10.2023 passed in LPA No.196 of 2022, titled as Roop Lal vs. State of H.P. and others and judgment dated 12.10.2023 passed in CWP No.7116 of 2020, titled as Gambharu Devi vs. State of H.P. and others, it has been held that petitioner shall be entitled for grant of pension from the date of superannuation in terms of operative portion of the order by 1 Whether reporters of the local papers may be allowed to see the judgment?
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counting his daily waged service rendered by him for grant of benefit of pension for calculating qualifying service.
2. It is apt to record that in Roop Lal’s and Gambharu Devi’s cases, it was held by the Division Bench of this High Court that principle laid down in the same, i.e. judgment of Supreme Court in Civil Appeal No.6309 of 2017, titled as Sunder Singh vs. State of Himahal Pradesh and others, has to be applied even to Class-III employees for calculating the qualifying service for grant of pension. It is apt to record that SLP No.1007 of 2024 preferred by the State against the judgment dated 11.10.2023 passed in LPA No.196 of 2022, titled as Roop Lal vs. State of H.P. and others, has been dismissed on 18.03.2025. It is also apt to record that SLP (Civil) Diary No(s). 17976 of 2024, titled as State of Himacha Pradesh and others vs. Gambharu Devi, preferred by the State in Gambharu Devi’s case has also been dismissed and Review Petition preferred by the State has also been dismissed on 10.12.2024.
3. In view of above, issue raised in present appeal is no longer res integra, but settled by the Supreme Court.
4. Accordingly, appeal is dismissed and disposed of so also pending application(s), if any. (Vivek Singh Thakur), Judge. (Ranjan Sharma), Judge. March 27, 2025 (Purohit)