CWP(T) No. 11109 of 2008 01.09.2010 Present: Mr. P. P. Chauhan, Advocate, for the petitioner. Ms. Anjula Khajuria, Advocate, for the respondents. In this petition the petitioner has essentially prayed for :- 1. Consideration of his services rendered by him on daily wages with the respondent for the purposes of grant of pensionary benefits; 2. Counting of his Military services, prior to his having joined respondent on daily wages, for the purposes of his pay fixation etc. 2. Mr. P. P. Chauhan, learned counsel submits that qua prayer (1) the matter is squarely covered by the decision rendered by the Division Bench of this Court in State of H.P. and others versus Sarab Dayal, Latest HLJ 2007 (HP) 1292 and qua prayer (2) he submits that he be permitted to file a detailed and comprehensive representation to the respondents for consideration in accordance with law. 3. There is no dispute that petitioner, after discharge from the Army in the year 1974 joined the respondent/department in the year 1985. His appointment was on daily wage basis. There is also no dispute that he was regularised on 29.10.1994. There is also no dispute that petitioner retired on 30.11.2003 by which year he had put in nine years and two months regular service with the respondent department. 4. There is also no dispute that petitioner’s case for regular pension is covered by the directions issued by the Division Bench of this Court in Sarab Dayal (supra). Hence the directions issued in Sarab Dayal (supra) shall mutatis mutandis apply to the petitioner qua his -2- relief of pension. The respondents are directed to take consequential action within a period of three months from the date of receipt of the certified copy of the order. 5. Qua prayer (2) petitioner is permitted to make a detailed representation which shall be considered, in accordance with law and decided within a period of three months from the date of receipt thereof. 6. With the aforesaid observations the present petition stands disposed of. (Sanjay Karol), Judge. September 1, 2010 (PK)