IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 9071/2008 Decided on:11.3.2011 _____________________________________________ Smt. Kaushalya Devi and others. …Petitioners. Versus State of Himachal Pradesh and another. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No For the petitioners : Nemo. For the Respondents: Mr. P.M. Negi, Dy. A.G. with Mr. R.P. Singh, Asstt. A.G. _____________________________________________________ Rajiv Sharma, Judge (oral). Petitioner, Prem Singh, (hereinafter referred to as ‘original petitioner’ for convenience sake) died during the pendency of this petition on 14.9.2005. His legal representatives were brought on record. 2. Original petitioner was engaged on daily wage basis. He had completed ten years’ continuous service with 240 days in each calendar year. He was regularized as Helper with effect from 1.1.1997. He was retired on 31.7.2002. He has rendered 10 years’ service on daily wage basis and thereafter he has worked on regular basis for 5 years and 7 1 Whether reporters of the local papers may be allowed to see the judgment? No 2 months. However, the fact of the matter is that original petitioner had not been paid pension by counting half of the daily wage service followed by regularization. Case of the respondent-State is that since the petitioner has worked only for 5 years 7 months on regular basis, he was not entitled to invalid pension. 3. The Court is of the considered view that as per the law laid down by a Division Bench of this Court in State of Himachal Pradesh and others versus Sarab Dayal, CWP No. 180/2001 decided on 19.7.2007, half of the service rendered by the petitioner on daily wage followed by regular service is to be counted for the purpose of pension. In view of this, period of 5 years followed by 5 years 7 months regular service is to be counted for the purpose of pension. 4. Consequently, the petition is allowed. Respondents are directed to consider the case of the petitioners for grant of pension within a period of 4 weeks from today. The release of pension shall abide by the outcome of SLP preferred by the State of Himachal Pradesh against the judgment in Sarab Dayal’s case. No costs. (Rajiv Sharma), Judge. 11.3.2011 *awasthi*