IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC (T) No. 286 of 2008 Decided on: 25.11.2010 Lobhu Ram …Petitioner Versus Avay Shukla and another …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1. No For the petitioner : Mr. Prem Pal Chauhan, Advocate. For the respondents : Mr. P.M. Negi, Deputy Advocate General with Mr.R.P. Singh, Assistant Advocate General. _______________________________________________________________________ Rajiv Sharma, Judge (Oral) : The learned erstwhile Himachal Pradesh Administrative Tribunal has allowed the original application No. 2655 of 2004. The operative portion of this judgment reads thus: “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 three months of the passing of 1 Whether the reporters of the local papers may be allowed to see the judgment? No -2- this order. This Original Application is disposed of in terms of the above orders leaving the parties to bear their own costs.” 2. The respondent/State assailed this judgment by filing CWP(T) No. 867 of 2008 and the same was rejected on 18.3.2010. Thereafter, the respondent/State has preferred Special Leave Petition against the judgment of this writ petition, which is pending before the Hon'ble Supreme Court for adjudication. 3. Consequently, in view of the subsequent developments, the present petition is disposed of with a direction to the respondents to release and pay the retiral/pensionary benefits to the petitioner in the eventuality of the Special Leave Petition being dismissed, within a period of one month thereafter. No costs. (Rajiv Sharma), Judge November 25, 2010 (K. Attri)