IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No.198 of 2010. Decided on: 17th March, 2011. Himachal Pradesh State Electricity Board and others …..Petitioners. Versus Degar Singh ……Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the appellants : Mr.Trilok Jamwal, Advocate. For the Respondent : Mr. Devender Sharma, vice Mr.C.N. Singh, Advocate. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) CMP(M) No.903 of 2010: Heard. The application is allowed and the delay in filing the appeal is condoned. The application stands disposed of accordingly. LPA No.198 of 2010: Heard the learned counsel for both the sides. The main grievance is regarding the application of the decision of this Court in Sarav Dayal versus State of H.P., which is now pending before the Supreme Court. Therefore, it is made clear that the benefit of counting of 50% of daily waged service of the respondent need be considered only subject to the outcome of the matter now pending before the Supreme Court in State of H.P. versus Sarav Dayal. 2 Depending on the outcome of the decision, the needful will be done within another two months. 2. However, since the respondent/writ petitioner has rendered 12 years of service from 1995 to 2007, the writ petitioner shall be granted the eligible benefits in the light of the decision of the Supreme Court in Mool Raj Upadhyaya versus State of H.P. and others, 1994 Supp.(2) SCC 316. Needless to say, in case the petitioner is thus found eligible for the pension, the same shall also be granted to the petitioner within two months from the date of production of a copy of this judgment by the petitioner before the competent authority. The judgment of the learned Single Judge stands modified to the above extent. 3. In view of the above, the appeal stands disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 17th March, 2011 (Justice V.K. Ahuja), (tilak/pankaj) Judge.