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2026 DAILYLAW 21545 (HP)

JAGDISH CHAND v. THE STATE OF HP AND OTHERS

CWP/14863/2026 · 2026-09-01

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 14863/2026 Decided on: 01.09.2026 Jagdish Chand …Petitioner Versus State of H.P. & Ors. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Ajay Kumar Lahota, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, J Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents. Taking note of the grievance of the petitioner, order impugned herein and the order being passed hereinafter, there is no necessity to call for the reply from the respondents. The matter has accordingly been heard. 2 Respondents have rejected the representation of the petitioner seeking pension under the Central Civil Services (CCS) (Pension) Rules, 1972 vide impugned decision dated 24.10.2025 (Annexure P-4/colly). In terms of the impugned decision, the length of 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 petitioner’s regular service was 8 years as against the minimum qualifying regular service of 10 years required for pension under the CCS (Pension) Rules, 1972. Learned counsel for the petitioner submitted that the petitioner superannuated on 28.02.2020 from the respondent-Women & Child Development Department after rendering 8 years of regular service. Prior to his regularization, he had also rendered daily-wage service, which was required to be computed in light of Sunder Singh Vs. State of H.P. & Ors.2 Balo Devi & others Versus State of Himachal Pradesh and others3. Learned counsel also submitted that the petitioner is entitled to pension in view of Sheela Devi Vs. State of H.P. & Ors.4. Apparently, these decisions have not been considered while rejecting petitioner's representation seeking pension under the CCS (Pension) Rules, 1972. For the foregoing reasons, the impugned decision dated 24.10.2025, at Page-25 of the paper book, is quashed and set aside. Respondent No. 2/competent authority is directed to consider the case of the petitioner afresh for the grant of pension under the CCS (Pension) Rules, 1972, in accordance with law and keeping in view the aforesaid decisions. This exercise shall be undertaken within six weeks from today. The order so passed be also communicated to the 2Civil Appeal No. 6309 of 2017, decided on 08.03.2018 3 Civil Appeal No.4792 of 2022 decided on 18.07.2022 4CWPOA No.195 of 2019, decided on 26.12.2019 3 petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 1st September, 2026(rohit)