IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C.W.P-T No. 1858 of 2008 Decided on : 04.05.2010 Liaq Ram ..…Petitioner. Versus State of H.P. through Secretary (Education) ……Respondents. and others. Coram Hon’ble Mr. Justice V.K. Sharma, J. Whether approved for reporting? No. For the Petitioner : Mr. P.P. Chauhan, Advocate. For the respondents : Mr. Rajinder Dogra, Addl. Advocate General. V.K. Sharma, Judge (Oral) The case of the petitioner has been considered by the respondents, particularly respondent No.2, the Director, Higher Education, H.P., in terms of order dated 6.10.2009, passed by this court and as a consequence order dated 6.1.2010, has been passed and submitted for perusal of this court, which is to the following effect:- “ORDER WHEREAS, the applicant has filed an C.W.P(T) No. 1858/2008-titled as Sh. Liaq Ram, Peon vs. State of HP before the Hon’ble High Court of HP regarding granting of pensionary benefits. WHEREAS, the case of applicant was listed before the Hon’ble High Court of HP on 6.10.2009, when the Hon’ble High Court has directed the respondents to consider the case of the ----------------------------------------------------------------------------------------- 1 Whether the reporters of the local papers may be allowed to see the Judgment? No. 2 petitioner within three weeks. WHREAS, in pursuance to the directions of the Hon’ble High Court, the service record of the applicant was called from the Deputy Director of Higher Education-Shimla and Headmaster, GGHS-Jubbal (Shimla). On perusal of the Service Book service record of Sh. Liaq Ram, Peon, it reveals that he has initially joined as Whole Time Contingent Paid employee in GSSS-Kotkhai (Shimla) on 05.07.1984 and remained on duty upto 09.07.1985 and thereafter he used to remain absent from duty as under:- Sr. Desig. Present Period Absent Period Y-M-D Y-M-D 1. WTCP 05.07.1984 to 09.07.1985 01-00-04 10.07.1985 to 04.10.1985 00-02-24 2. Peon 05.10.1985 to 19.10.1985 00-00-15 20.10.1985 to 08.12.1985 00-01-18 09.12.1985 to 12.12.1985 00-00-04 13.12.1985 to 22.12.1985 00-00-10 23.12.1985 00-00-01 24.12.1985 to 02.03.1986 00-02-08 03.03.1986 00-00-01 04.03.1986 to 06.05.1997 11-02-02 07.05.1997 to 31.10.2006 09-05-24 AND WHEREAS, after remaining continuous absence from duty. Deputy Director of Higher Education-Shimla has allowed Sh. Liaq Ram to join duty in GGHS-Jubbal (Shimla) on 07.05.1997 but no disciplinary proceedings were initiated by the Deputy Director of Higher Education-Shimla, till his retirement i.e. on 31.10.2006 and also the absence period was not decided till date. Accordingly, he has rendered 9 Years, 5 Months & 24 days of continuous service in the Department and that is not qualifying period for pensionary benefits. NOW THEREFORE, as a matter of fact, Sh. Liaq Ram, Peon was retired from service on 31.10.2006 after attaining the age of superannuation and as such it is not administratively feasible to start any disciplinary proceedings at this belated stage. Hence, the absence period may be treated as “Dies Non” and accordingly the period for qualifying service be calculated 3 after taking into consideration the 50% of the service rendered as WTCP and also the period he remained present for pensionary benefits.” 2. In view of the above, the petition is disposed of in terms of the aforesaid order dated 6.1.2010, with a direction to the respondents to process and finalize the pension case of the petitioner as per sub rule (3) of Rule 49 of the CCS (Pension) Rules,1972 and pay the consequential financial benefits to him alongwith interest @ 6% per annum from the due date upto the date of payment, within a period of three months from today. 3. The petition stands disposed of in the above terms. 4. Pending CMP, if any, shall also stand disposed of as infructuous. (V.K. Sharma) Judge. 4th May, 2010. Lsp*