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2025 DAILYLAW 8780 (HP)

SAVITRI DEVI v. THE STATE OF HP AND OTHERS

CWP/4943/2025 · 2025-05-19

Jyotsna Rewal Dua

body2025

Judgment text

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1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4943 of 2025 Date of decision: 19.05.2025 Savitri Devi. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Jagan Nath and Ms. Sonam Thakur, Advocates. For the respondents : Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, for respondents No.1 & 2-State. : Mr. Tek Ram Sharma, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge Notice. Mr. Rajan Kahol, Additional Advocate General and Mr. Tek Ram Sharma, Advocate, appear and waive service of notice on behalf of respondents No.1 & 2 and respondent No.3, respectively. 2. Petitioner superannuated on 31.12.2024 as regular Class-IV employee (Beldar). Taking note of regular service rendered by the petitioner which fell short of the requisite tenure for qualifying service required for the purpose of pension and pensionary benefits, the respondents -2- did not release pension in petitioner’s favour. Petitioner’s grievance in the instant petition is that daily wage service rendered by her w.e.f. 19.03.2008 till regularization of her service on 06.07.2016, is also liable to counted in terms of law laid down in Sunder Singh Versus The State of Himachal Pradesh & Ors.1 and Balo Devi & Ors. vs. State of Himachal Pradesh & Ors.2. 3. Learned counsel for the petitioner contends that in case the daily wage service rendered by the petitioner is counted by the respondents, she would become eligible for grant of pension under the Central Civil Services (Pension) Rules, 1972. This, however, is an aspect which is required to be examined and verified by the respondents. Accordingly, this writ petition is disposed of by directing the respondents/Competent Authority to consider the case of the petitioner for grant of relief prayed for by her in light of decisions rendered in Sunder Singh1 and Balo Devi2 within a period of six weeks from today. Consequential action based upon the decision be also taken within the aforesaid period. 1Civil Appeal No. 6309 of 2017 decided on 08.03.2018. 2Civil Appeal No. 4792 of 2022 decided on 18.07.2022. -3- The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 19th May, 2025 Judge (Pardeep)