IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 7326 of 2008. Decided on 9th December, 2010. _____________________________________________________ Jai Singh. ….Petitioner. -Versus- The State of H.P. and another. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. J.R. Thakur, Advocate. For the respondents. : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner was engaged on daily wage basis in the year 1983. He was regularized w.e.f. 1.1.1994. He superannuated on 30.06.1999. However, the petitioner has not been paid pension. The fact of the matter is that as per law laid down by this Court in State of H.P. and others versus Sarab Dayal in CWP No. 180 of 2001, decided on 19.7.2007, half of the daily wage service rendered by the workman has to be taken into consideration for the purpose of pensionary benefits. 2. Consequently, the petition is allowed. The respondents are directed to consider half of the daily wage service rendered by the petitioner/workman followed by more than 5 years’ service on regular basis for the purpose of granting him pension. The needful be done within a period of two months 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - from the date of production of a certified copy of this judgment by the petitioner. The petitioner is also entitled to interest at the rate of 9% per annum. The release of pension shall abide by the outcome of S.L.P. preferred by the State of Himachal Pradesh against the judgment in Sarab Dayal’s case. No costs. (Rajiv Sharma) Judge December 09, 2010. (bhupender) - 3 - `