2025:HHC:8679 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No.135 of 2025 Decided on: 01.04.2025 __________________________________________________________ The State of Himachal Pradesh and others .....Appellants Versus Sahibo Devi ……Respondent Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? For the appellants: Mr. Pranay Pratap Singh, Additional Advocate General. For the respondent: Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate. Vivek Singh Thakur, Judge [Oral] This appeal has been filed by the appellants- State against the judgment dated 05.12.2023 passed by learned Single Judge, in CWP No.1192 of 2022, titled as Sahibo Devi Versus State of H.P. & ors., 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, 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 counting her daily waged 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:8679 - 2 - service rendered by her 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 Himachal 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. 3. It is also apt to record that judgment in similar matter i.e. CWP No.7116 of 2020, titled as Gambharu Devi vs. State of H.P. and others, has attained finality from the Supreme Court, as the SLP (Civil) Diary No(s).17976 of 2024, titled as State of Himachal 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. 2025:HHC:8679 - 3 - 4. 2025:HHC:8679 - 3 - 4. In view of above, issue raised in present appeal is no longer res integra, but settled by the Supreme Court. 5. Accordingly, appeal is dismissed and disposed of so also pending application(s), if any. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge April 01, 2025 [Bhardwaj]