IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition (T) No. 12627 of 2008 (OA No. 281 of 2005). Date of decision: 27.4.2010. Ganga Bishnoo Prashad …..Petitioner. Vs. State of H.P. & anr. …. Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Ashwani Pathank, Advocate. For the respondent : Mr. R.K. Sharma, Sr. Addl. Advocate General with Mr. P.K.Sharma, Addl. A.G. and Mrs. Subh Mahajan, Dy. A.G. Kuldip Singh, Judge (Oral). The petitioner has prayed for direction to the respondents to count half of his daily rated service for the purpose of pension and other benefits with further direction to the respondents to pay pension to the petitioner accordingly. 2. It is the case of the petitioner that he was engaged as daily wage surveyor in June 1986 and he was made regular on 1.1.1997 and he retired as surveyor on 30.6.2004. It has been submitted on behalf of the petitioner that half of the service rendered by the petitioner from June 1986 to 31.12.1996 may be counted for pension purpose as has been held in State of H.P. and others vs. Sarab Dayal CWP No. 180 of 2001 decided on 19.7.2007. It has further been submitted that in several cases this court has ordered Whether the reporters of the local papers may be allowed to see the Judgment? …2… the counting of half of the service rendered by the daily wager for the purpose of pension subject to ultimate outcome of Sarab Dayal’s case, which is pending in the Supreme Court, and in support of this submission, the learned counsel for the petitioner has relied judgement dated 16.3.2010 passed in CWP(T) No. 1716 of 2008. 3. The learned Senior Additional Advocate General has not disputed the submission made by the learned counsel for the petitioner and he has submitted that the decision in State of H.P. and others vs. Sarab Dayal, decided on 19.7.2007, has been assailed by the State in the Supreme Court. He has also not denied that in several cases this court has ordered the release of pension after counting half of the service rendered by daily wager subject to the outcome of Sarab Dayal case, which is pending in the Supreme Court. 4. In these circumstances, the petition is allowed. The respondents are directed to count half of the daily wage service rendered by the petitioner from June 1986 to 31.12.1996 followed by full regular service from 1.1.1997 to 30.6.2004 for the purpose of granting pension. The needful be done within a period of three months. The petitioner shall also be entitled to interest at the rate of 9% per annum. The release of pension shall abide by the outcome of SLP pending in the Supreme Court preferred by the State of H.P. against the judgement of this court in Sarab Dayal’s case. No costs. April 27, 2010. ( Kuldip Singh ), (Hem) Judge.