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High Court of Himachal Pradesh · body

2025 DAILYLAW 21062 (HP)

STATE OF HP AND OTHERS v. MADHO RAM

LPA/453/2024 · 2025-05-05

Ajay Mohan Goel, Ranjan Sharma

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:12488 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 453 of 2024 Decided on: 05.05.2025 State of H.P. and others … Appellants Versus Sh. Madho Ram and another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Hon’ble Mr. Justice Ranjan Sharma, Judge Whether approved for reporting?1 _____________________________________________________ For the appellants : Mr. Pranay Pratap Singh, Additional Advocate General. For the respondents : Ms. Babita Chauhan, Advocate for respondent No. 1. : Mr. Tek Ram Sharma, Advocate for respondent No. 2. Ajay Mohan Goel, Judge (Oral) By way of this appeal, the State has challenged the judgment dated 03.01.2024, passed by learned Single Judge in CWP No. 6714 of 2021, titled as Madho Ram vs. State of H.P. and others, in terms whereof, the writ petition filed by the respondent No. 1 herein was allowed by learned Single Judge in the following terms:- “4. The claim of the petitioner, (retired Class-Ill 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:12488 employee) seeking counting of service rendered on daily waged basis before regularization/grant of work charge status towards qualifying service for grant of pension under CCS (Pension) Rules, 1972, has been adjudicated upon in LPA No.196 of 2022, titled Roop Lal vs. State of HP. and Others, decided on 11.10.2023. 5. By virtue of the aforesaid judgment, benefit of daily wage service, in terms of decision passed in Civil Appeal No.6399 of 2017, titled Sunder Singh vs. State of H.P. and others, as explained in Civil Appeal No.4792 of 2022, titled Balo Devi vs. State of H.P. and others reported in Latest HLJ 2022 (HP) (2) (817), has also been accorded to Class-III employees. However, monetary benefits have been restricted to three years prior to filling of the petition. 6. In view of the aforesaid, present petition is allowed. The respondents are directed to extend the benefits of pension to the petitioner within one month from today.” 2. Learned Additional Advocate General has fairly submitted that in light of the fact that the Special Leave Petition filed by the State against the judgment of this Court in 3 2025:HHC:12488 LPA No. 196 of 2022, titled as Roop Lal vs. State of H.P. and others, decided on 11.10.2023, has been dismissed by Hon’ble Supreme Court of India, therefore, now nothing survives in this appeal as the judgment passed by learned Single Judge was on the basis of Roop Lal’s case (supra). Accordingly, this appeal is dismissed. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge (Ranjan Sharma) Judge May 05, 2025 (narender)