IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 2260 of 2008. Date of Decision: 5.3.2011. State of HP & Anr. …Petitioners. Versus. Durga Ram … Respondent. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No. For the petitioners: Mr. Vivek Singh Thakur, Addl. AG. For the Respondent: Mr. Neel Kamal Sharma, Advocate. Deepak Gupta, J. (Oral) 1. This petition by the State is directed against the order of the HP State Administrative Tribunal dated 5.3.2008, operative portion of which reads as follows:- “As a result, the respondents are directed to take into account 50% of the daily wage service rendered by the applicant while calculating his qualifying service for entitlement for pension and the amount to be paid to him. The arrears of pension shall be payable with interest at the rate of 7-1/2 percent per annum from the date the pension fell due till the date of payment. The process of finalizing the payment of pension and arrears thereof be completed by the respondents within four months of the passing of this order.” 2. These directions are totally in consonance with the judgment of this Court delivered in State of HP and others Vs. Sarab Dayal, Latest HLJ 2007 (HP) 1292. The judgment in Sarab Dayal's case has not been stayed in which this Court held as follows:- : 2 : “We are, therefore, of the considered view that 50% of the continuous service rendered by the employees on daily rated basis followed by work charge/regular employment should be taken into account while calculating the qualifying service for purposes of entitlement to and the amount of pension to be paid to them” 3. It is true that the judgment of this Court in Sarab Dayal's case (supra) has been challenged by the State by filing petition in the Hon'ble Supreme Court of India, but since no stay order has been passed till date, this Court is bound by the judgment delivered in that case. Therefore, the petition is rejected. No costs. 5th March, 2011 ( Deepak Gupta ) (Krn Guleria) Judge.