Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.3044 of 2025
Decided on: 5th March, 2025 _________________________________________________________________ Milap Chand
....Petitioner
Versus State of H.P. & Ors.
…Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Ms. Nandita, Advocate vice Mr. Abhyendra Gupta, Advocate.
For the respondents: Mr. L.N.Sharma, Additional Advocate General, for respondents No. 1 to 3.
Mr. T.R.Sharma, Advocate, for respondent No.4.
Jyotsna Rewal Dua, Judge
Notice. Mr. L.N. Sharma, learned Additional Advocate General and Mr. T. R. Sharma, learned counsel, accept service of notice on behalf of respondents No. 1 to 3 and respondent No.4, respectively.
2.
Petitioner seeks a direction to the respondent to pay him pension w.e.f. May 2023. The case set up is that the petitioner was appointed as Beldar on daily wage basis. His
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 - services were regularized on
19.08.2015. Thereafter, petitioner was conferred regularization status retrospectively w.e.f. 24.11.2008. He retired on attaining the age of superannuation on 28.02.2017.
It is the contention of the petitioner that he is entitled to the benefit of decision rendered in Baldev Vs. State of HP & Ors2, and, therefore, his deemed date of retirement has to be construed as 28.02.2019. If this is done, then he completes the qualifying service required for pension.
3.
In case the facts as pleaded by the petitioner are correct, then he is certainly entitled to the relief claimed for by him. However, facts are required to be verified by the respondents.
Therefore, it is deemed appropriate to dispose of this writ petition with direction to the respondents/ Competent Authority to consider and decide the case of the petitioner for grant of pension to him in accordance with law, within a period of four weeks. Copy of order so passed by communicated to the petitioner.
2 CWP No. 2711 of 2017, decided on 26.07.2022
- 3 -
Pending miscellaneous application(s), if any, also stand disposed of.
Jyotsna Rewal Dua
Judge March 5, 2025 R.Atal