IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 13515 of 2008 with CWP(T) No. 16094 of 2008. Decided on: May 7, 2010 (i) CWP (T) No. 13515 of 2008 Rama Nand ….. Petitioner. Versus State of H.P. and others …… Respondents. (ii) CWP (T) No. 16094 of 2008 Laturia Ram ….. Petitioner. Versus State of H.P. and others …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioner : Mr. Rakesh Chandel, Advocate in CWP(T) No. 13515 of 2008 and Mr. Aman Deep Sharma, Advocate in CWP(T) No. 16094 of 2008. For the Respondents: Mr. R.K. Sharma, Sr. Addl. Advocate General for respondents No.1 and 2 in CWP(T) No. 13515 of 2008 and for respondents No. 1 to 3 in CWP(T) No. 16094 of 2008. Mr. Sandeep Sharma, Asstt. Solicitor General of India, for respondent No.3 in CWP(T) No. 13515 of 2008.. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) Issue raised in these Writ Petitions pertains to the question whether 50% of the daily waged service is liable to be counted as qualifying service for the purpose of pensionary benefits. 2 We are informed that the issue is covered in favour of the workers by the decision of this Court in State of Himachal Pradesh and others vs. Sarab Dayal in CWP No. 180 of 2001 decided on 19th July, 2007. It is pointed out that the matter is pending before the Apex Court. The parties agree that they will also be bound by the out come of the decision, now pending before the Apex Court, so that these cases also need not be taken to the Apex Court. Therefore, these writ petitions are disposed of, making it clear that in case the decision of this Court is implemented in the case of the similarly situated persons, in the case of the applicants herein also, the judgment will be implemented expeditiously subject to the result of the matter pending before the Apex Court. We make it clear that we have not gone into the merits of the cases and therefore, it will be certainly open to the Authority concerned to examine whether on facts Sarab Dayal’s case would apply to the applicants. (Justice Kurian Joseph), Chief Justice May 7, 2010 (Justice R.B. Misra), (rks) Judge.