IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1058 of 2010. Decided on: 23rd March, 2011. Ram Lal. ….Petitioner. Versus State of H.P. & anr. … .Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner : Mr. Naveen K. Bhardwaj, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, Dy. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers: “(a) That the respondents may be directed to consider the service of the petitioner rendered in the Indian Army as is evident from Annexure P1 and P2 for the purpose of pensionary benefits by way of issuing writ of mandamus. (b) That the respondents may kindly be directed to implement the judgment of this Hon’ble Court rendered in State of H.P. and others versus Sarb Dayal CWP No. 180/2001 decided on 19.7.2007 and also to implement notification Annexure P7 by which he is entitled to pension from the date of his superannuation, by way of a writ of mandamus.” 2. Despite notice on 5th April, 2010 with a direction to file reply within a month, there is no reply as yet. As far as the first prayer is concerned, there will be a direction to the first respondent to look into the representation filed by the petitioner and take appropriate action thereon within a period of three months from the date of production of a copy 2 of this judgment along with a copy of the writ petition by the petitioner. 3. As far as the second prayer with regard to the request for counting the part time service rendered by the petitioner is concerned, the decision in Sarb Dayal’s case is of no assistance to the petitioner since the same pertains to daily waged service. Under the R & P Rules, there is no provision to count the part time service for the purpose of pension. Therefore, that prayer is rejected. 4. The writ petition is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 23rd March, 2011. (Justice V.K. Ahuja), (tr/vt) Judge.