IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 15458 of 2008. Decided on: 04.06.2010. __________________________________________________________ Shri Shobha Ram Chauhan. … Petitioner. Versus Himachal Pradesh State Electricity Board and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the petitioner : Mr. S.S. Sood, Advocate. For the Respondents : Ms. Anjula Khajuria, Advocate. Rajiv Sharma, J. (Oral): Petitioner was appointed on daily wage basis as Compounder in the respondent-Board on 12th September, 1983. He was regularised w.e.f. 26.8.1997. He continuously worked with the respondent-Board till 23.6.2004. Thereafter he was absorbed in S.J.V.N.L. with effect from 24.6.2004. He has not been paid pension on the ground that he has not completed the qualifying service. However, the fact of the matter is that as per law laid down by this Court in State of H.P. and others versus Sarab Dayal, CWP No.180 of 2001, decided on 19.7.2007, half of the daily wage service rendered by the workman has to be taken into consideration for the purpose of pensionary benefits. Cumulatively, the 1 Whether the reporters of Local Papers may be allowed to see the judgment? - 2 - petitioner has put in more than 14 years of service and was entitled to get pension from the respondent-Board. Moreover, it was clearly stipulated in Annexure A-4/T, dated 29.7.2004 that the petitioner would be eligible to receive all retirement benefits as admissible under the Central Civil Services (Pension) Rules, 1972. 2. Consequently, the petition is allowed. The respondent- Board is directed to consider half of the daily wage service rendered by the workman followed by more than 7 years’ service on regular basis for the purpose of granting him pension. The needful be done within a period of four weeks after the receipt of certified copy of the judgment. The petitioner is also entitled to interest at the rate of 9% per annum. The release of pension shall abide by the outcome of S.L.P. preferred by the State of Himachal Pradesh against the judgment in Sarab Dayal’s case. No costs. (Rajiv Sharma), Judge. June 04, 2010. (sck).