IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No.5728 of 2008(OA No.846/99 Judgment reserved on 20.8.2009 Date of decision: 21.8.2009 Jagan Nath …….Petitioner. Vs. State of H.P. and Ors ....….Respondents. Coram: The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No ------------------------------------------------------------------------------------------- For the Petitioner : Mr. A.K. Gupta, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. Advocate General with Mr. R.P. Singh, Assistant Advocate General for respondents No.1 and 2. Mr. Shashi Shirshoo, Advocate for respondents No.3 and 4. Kuldip Singh, Judge The Petitioner had filed Original Application being OA No.846/99 on 3.3.1999 before Himachal Pradesh Administrative Tribunal which was abolished and the cases of the erstwhile Tribunal were transferred to this court. On transfer of OA No.846/99 to this Court the same has been registered as CWP(T) No.5728 of 2008. Whether the reporters of the local papers may be allowed to see the Judgment?Yes 2 2. On behalf of the petitioner, Mr. A.K. Gupta, learned counsel has submitted that petitioner earlier joined Rosin and Turpentine Factory, Nahan in the year 1947 which was at that time under the control of Industries Department, later on the Forest Department took over the factory and ultimately in the year 1978 the petitioner was absorbed in the respondent No.3- Corporation. The petitioner retired as a Distiller/Supervisor in the year 1992. The petitioner had rendered qualified service for the grant of pension in the Forest Department before the petitioner was absorbed by respondent No.3, but respondent No.1 has not paid any pension to the petitioner. The petitioner is entitled to pension under the Pension rules for the service rendered by him in the Forest Department. Learned counsel for the petitioner has relied on judgment dated 2.1.2008 of Division Bench of this court passed in CWP No.385 of 2002 State of Himachal Pradesh vs. Ishwar Dass. 3. The respondent No.1 has filed a reply and has pleaded that employees of Factory were enjoying benefits as per Standing Orders when in April, 1974 respondent No.3 took over control of Rosin and Turpentine Factory, Nahan. The respondent No.3 got amended the existing Standing Orders. No pension was payable prior to 1.4.1974 and none of the factory workers was paid pension. The petitioner was given retiral benefits as per Clause 32 of the Standing Orders. 4. The respondents No.3 and 4 have also filed reply and have submitted that prior to 1.4.1974 pension was not payable and 3 none of the factory worker was given benefit of pension. The petitioner at the time of retirement was given benefit as admissible under Clause 32 of the Standing Orders. The respondents No.3 and 4 have placed on record, a copy of Standing Orders. 5. In CWP No.385 of 2002 decided on 2.1.2008 after noticing Rule 14(3) of Central Civil Services Pension Rules, the Division Bench has held that the petitioner in that case is entitled to pensionary benefits for the services rendered by him with respondent/State of Himachal Pradesh prior to his absorption in Forest Corporation. The petitioner has a right to get pension for the period he rendered the services before the State Government subject to the condition that he had rendered service for the minimum qualifying period. 6. The respondents have not disputed the fact that prior to serving in the Forest Corporation the petitioner had served in the Forest Department. Therefore, in light of judgment dated 2.1.2008, the petitioner is entitled to pro rata pension for the period he rendered service in State government prior to his absorption by respondent No.3-Corporation. 7. In view of above the petition is allowed with a direction that petitioner is entitled to pro rata pension for the period he rendered service in the State government subject to the condition that he had rendered minimum qualifying service for earning pension. The arrears of pension shall be restricted to the period of three years prior to the date of filing of the Original Application. The arrears of the pension shall be calculated and paid to the 4 petitioner by respondents No.1 within a period of three months from today, failing which, the petitioner shall be entitled to interest at the rate of 9% per annum on such arrears till payment. No costs. ( Kuldip Singh ) Judge. August 21, 2009 (sks)