IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 1957/2008 Decided on:3.8.2011 _____________________________________________ Tota Ram. …Petitioner. Versus State of Himachal Pradesh and another. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No For the petitioner : Mr. Raghunandan Chaudhary, Advocate. For the Respondents: Mr. Ankush Sood, Addl. A.G. with Mr. J.K. Verma, Dy. A.G. for respondent No.1. None for respondent No.2. _____________________________________________________ Justice Rajiv Sharma, Judge (oral). Petitioner was engaged as Beldar in respondent No.2-Council in the year 1984. He was regularized on 1.4.1998. He retired from service after attaining the age of superannuation on 28.2.2007. case of the petitioner, in a nutshell, is that in view of judgment rendered by this Court in CWP No. 180/2001, titled State of H.P. 1 Whether reporters of the local papers may be allowed to see the judgment? No 2 and others versus Sarab Dayal decided on 19.7.2007, 50% daily wage services followed by regularization be counted for the purpose of pension. We are of the considered view that the ratio of judgment in Sarab Dayal’s case (supra) will not apply to respondent No.2- Council. Mr. Raghunandan Chaudhary has failed out to point out any provisions of the Central Civil Services (Pension) Rules, 1972 under which 50% daily wage services followed by regularization can be counted for the purpose of pension 2. Consequently, we see no merit in the petition and the same is dismissed. There shall, however, be no order as to costs. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. 3.8.2011 *awasthi*