IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.: 5840 of 2010. Decided on: 23.09.2010. __________________________________________________________ Shiv Ram. … Petitioner. Versus State of Himachal Pradesh and others. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, C.J. The Hon’ble Mr. Justice Rajiv Sharma, J. For the petitioner : Mr. Neel Kamal Sood, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Sood, Additional Advocate General and Mr.J.K. Verma, Deputy Advocate General. Justice Kurian Joseph, C. J. (Oral): The issue raised in this writ petition 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 raised in this petition 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, this writ petition is - 2 - disposed of, making it clear that in case the decision of this Court is implemented in the case of the similarly situate persons, in the case of the applicant 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 case and therefore, it will be certainly open to the Authority concerned to examine whether on facts, Sarab Dayal’s case would apply to the petitioner. 4. So far as the claim regarding conferment of work-charge status is concerned, the petitioner may file appropriate representation before the 1st respondent pointing out the factual details, in which case, that matter shall also be considered by the State and appropriate orders passed in accordance with law thereon within another four months. 5. The pending application(s), if any, also stands disposed of. Copy dasti. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. September 23, 2010. (sck/awasthi).