IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C.W.P. Nos. 5863 & 5864 of 2010. Decided on 21st September, 2010. 1. CWP 5863 of 2010. Chanchala Devi ….Petitioner Versus State of HP & ors …Respondents 2. CWP 5864 of 2010. Bimla Devi ….Petitioner Versus State of HP & ors …Respondents Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioners: Mr. A.K. Gupta, Advocate. For the respondents: Mr. R.K. Bawa, Advocate General with Mr. J.K. Verma, Deputy Advocate General for respondents No. 1 to 4 in both writ petitions. Mr. Ajeet Saklani, Advocate for respondent No. 5 in CWP No. 5864 of 2010. Justice Kurian Joseph, C.J. (Oral) The issue raised in these writ petitions pertains to the question whether 50% of the daily waged service is liable to be counted as qualifying service for the purpose of pensionary benefits. 2. We are informed that the issue is covered in favour of the worker by the decision of this Court in State of Himachal Pradesh & others vs. Sarab Dayal in CWP No.180 of 2001, decided on 19.7.2007. 3. It is pointed out that the matter is pending before the Apex Court. The parties agree that they will also be bound by the outcome of the decision, now pending before the Apex Court, so that the case also need not be taken to the Apex Court. Therefore, these writ petitions are disposed of, making it clear that in case the decision of this Court is implemented in the case of the similarly situated persons, in the case of the applicants herein also, the judgment will be implemented expeditiously subject to the result of the matter pending before the Apex Court. We make it clear that we have not gone into the merits of the cases and, therefore, it will be certainly open to the Authority concerned to examine whether on facts Sarab Datyal’s case would apply to the applicants. The writ petitions are disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice 21st September, 2010. ( Justice Kuldip Singh), (HL) Judge