IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.3916 of 2009. Decided on: 19.04.2010. Kali Charan ...Petitioner. Versus HP SEB and another …Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice R.B. Misra, Judge. For the petitioner : Mr. Sunil Awasthi, Advocate. For the Respondents : Ms. Anjula Khajuria, Advocate --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) Issue raised in this 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. We are informed that the issue is covered in favour of the workers by the decision of this Court in State of Himachal Pradesh & Others versus Sarab Dayal in CWP No.180 of 2001 decided on 19.7.2007. It is pointed out that the matter is pending before 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 this case also need not be taken to the Apex Court. Therefore, this writ petition is 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 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 of Sarab Dayal’s case would apply to the applicant. Copy dasti. (Justice Kurian Joseph), Chief Justice April 19, 2010 (Justice R.B. Misra), (K/sl) Judge.