IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 473 of 2009. Date of decision: 03.09.2010. State of H.P and others. … Petitioners Versus Roshan Lal. … Respondent Coram: The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the Petitioners: Mr. Vikas Rathore, Advocate. For the respondent: Mr. Himmat Nagi, vice Mr. Ajay Sharma, Advocate. V.K. Ahuja, J This is a Civil Writ Petition filed by the State under Articles 226 and 227 of the Constitution of India challenging the judgment dated 17.6.2008 of the erstwhile H.P. Administrative Tribunal, passed in Original Application No. 2970/07, dated 17.6.2008. 2. Briefly stated, the facts of the case are that the respondent Roshan Lal had been working on daily wages w.e.f. 1978 with Assistant Engineer, I&PH Sub-division Sujanpur and worked for 240 days in each calendar year. Copy of mandays chart is annexed as Annexure P-II. He was regularized and appointed as work charge Fitter vide order dated 30.12.1994. The respondent retired from Government service on 31.7.2001 after attaining the age of superannuation after completing 7 years and 7 months work charge service. The respondent filed an application before the erstwhile Administrative Tribunal for grant of pension on completion of ten years of service. It was alleged that the respondent is entitled to club his service rendered as daily 1Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 waged worker and by counting half of his daily waged service he had completed 10 years of regular service and as such was entitled to pension. 3. The learned Tribunal relied upon the decision of this Court in State of H.P and others Vs. Sarab Dayal, CWP No. 180 of 2001 decided by Division Bench of this Court on 19th July, 2007. The said decision is reported in State of H.P. and others Vs. Sarab Dayal, Latest HLJ 2007 (HP) 1292, in which the Division Bench was presided over by Hon’ble Mr. Justice Deepak Gupta alongwith me as member of the Bench. It was held therein that 50% of the service rendered by a daily wager is to be counted towards qualifying period for the purpose of pension. The State was directed to take into account 50% of daily wage service rendered by the applicant while calculating his qualifying service for pension and the amount be paid to him. Accordingly relying upon the decision in Sarab Dayal’s case (supra) the learned Tribunal had allowed the application filed by the respondent herein. Keeping in view the decision of this Court in State of H.P. Vs. Sarab Dayal, the findings rendered by learned erstwhile Tribunal are correct and they call for no interference by this Court. Accordingly the petition filed by the petitioner/State is dismissed and the State shall calculate the period of regular service rendered by the respondent herein i.e. 7 years and 7 months and 50 % of the service rendered by him on daily wages prior to 1.1.1994 towards counting the pension and as such the respondent is held entitled to pension after completion of 10 years service. The findings recorded in regard to grant of interest @ 7½% from the date of the petition till date of payment also do not call for any interference by this Court. In case the amount is not paid within a period of three months from today, the petitioner herein shall also be entitled to interest at the same rate till the date of deposit/payment of the same. The writ petition is dismissed accordingly, so also the pending application (s), if any. (V.K. Ahuja) Judge September 03, 2010 (KRS)