IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 4396 of 2008. Decided on: 31.08.2010. __________________________________________________________ Gosaon. … Petitioner. Versus State of Himachal Pradesh and another. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the petitioner : None. For the Respondents : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. Rajiv Sharma, J. (Oral): The petitioner had worked as daily rated Beldar with the respondents from the year 1960 to 1985. He was brought on work charge cadre by the respondents on 6.3.1986. He retired on 29th February, 1996. The petitioner is seeking pension. The same has been denied to him only on the ground that he has not completed ten years regular service. In fact the petitioner has worked for 25 years on daily wage basis and thereafter for a period of nine years and more than 11 months on regular basis. 2. 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, CWP No.180 of 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - 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. 3. Consequently, the petition is allowed. The respondents are directed to consider half the period of daily wage service rendered by the petitioner followed by nine years and more than 11 months service on regular basis for the purpose of granting pension. The needful be done within a period of six weeks from today. 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. August 31, 2010. (sck).