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High Court of Himachal Pradesh · body

2025 DAILYLAW 18160 (HP)

BIMLA DEVI v. THE STATE OF HP AND OTHERS

CWP/7092/2023 · 2025-09-05

Jyotsna Rewal Dua

Civil Appealbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7092/2023 Decided on: 05.09.2025 Bimla Devi …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. A.K. Gupta and Mr. Bonit Thakur, Advocates. For the respondents: Mr. L.N. Sharma, Additional Advocate General, for respondents No.1 to 3. Mr. Rangil Singh, Advocate, for respondent No.4. Jyotsna Rewal Dua , J Petitioner seeks pension by invoking decisions rendered in Sunder Singh Vs. State of H.P.2 and Balo Devi & others Versus State of Himachal Pradesh and others3. 2. The respondents have not disputed the fact that the petitioner had been initially engaged as daily waged worker w.e.f. 12.01.1994 in the Government Sericulture Centre, Dadaour, District 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 Civil Appeal No. 6309/2017 decided on 08.10.2018 3 Civil Appeal No.4792 of 2022 decided on 18.07.2022 2 Mandi. According to the respondents, services of petitioner were retrenched on 20.07.2004, however, she was re-engaged on 19.05.2009 pursuant to the award passed in her favour by the learned Labour Court-cum-Industrial Tribunal, Dharamshala on 21.01.2009 in Bimla Devi Vs. Dy. Director of Industries (Sericulture)4. Petitioner has rendered daily waged service w.e.f. 20.07.2004 to 27.09.2014, when her services were regularized. The petitioner retired from government service on attaining the age of superannuation on 31.12.2022. 3. It is pleaded case of the respondents that in all the petitioner had rendered daily wage service w.e.f. 20.07.2004 to 27.09.2014 and regular service of 08 years, 02 months and 23 days till her superannuation on 31.12.2022. That being the position, learned Deputy Advocate General, on the basis of instructions imparted to her, submits that the petitioner is entitled to pension in view of law laid down in Sunder Singh2 & Balo Devi3. Learned Deputy Advocate General further submits that the respondents will consider the case of the petitioner and pass appropriate necessary order sanctioning pension in her favour within three weeks from today. 4. Taking note of the above submissions, this writ petition is disposed of with direction to the respondents to pass necessary and appropriate order for sanctioning pension in her favour within 4 Reference No. 157/2006 decided on 21.01.2009 3 three weeks from today. Consequential benefits thereto be paid to the petitioner within three weeks, thereafter.Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge 5th September, 2025(rohit)