IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 6568 of 2010. Decided on: October 20, 2010. Hari Krishan. …..Petitioner. Versus State of H.P. & Ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner: Mr. A.K.Gupta, Advocate. For the Respondents: Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The 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. 2. It is informed that the issue is covered in favour of the workers by the decision of this Court in State of Himachal Pradesh & ors Versus Sarab Dayal in CWP No. 180 of 2001, decided on 19.7.2007. 3. It is pointed out that the matter is pending before Apex Court. The parties agree that they will also be bound by the out come of the decision, now pending before the Apex Court, so that these cases 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. It is made clear that this Court has 2 not gone into the merits of the case and therefore, it will be certainly open to the Authority concerned to examine whether on facts Sarab Dayal’s case would apply to the applicant. Copy Dasti. (Justice Kurian Joseph), Chief Justice. October 20, 2010. ( Justice Kuldip Singh ), (karan/vs) Judge.