IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5335 of 2010. Date of decision: 18.4.2011. Smt. Jaiwanti Devi … Petitioner. Versus State of H.P & Others. …Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1. No. _______________________________________________________________ For the petitioner: Mr. Ajay Sharma, Advocate. For the respondents No. 1 & 2: Mr. Vivek Singh Thakur, Addl. Advocate General For the respondents No. 3: None. Deepak Gupta, J. (oral) 1. By means of this petition the petitioner has prayed that her husband late Shri Kuldip Singh who was working as Chowkidar with the respondents be regularized in accordance with the scheme approved by the Apex Court in Mool Raj Upadhyaya Vs. State of H.P. & Others, 1994 Supp (2) Supreme Court Cases 316 and further that the services rendered on daily wage basis be taken into consideration for grant of pension in accordance with the judgment delivered by Division Bench of this Court in State of H.P. & others Vs. Sarab Dayal, Latest HLJ 2007 (HP) 1292. 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. : 2 : 2. The respondents along with their reply have filed a Mandays Chart which shows that right from the year 1992 the deceased husband of the petitioner (Kuldip Singh) was working on daily wage basis for more than 240 days in a calender year. Therefore, he was entitled to the benefit of the scheme approved in Mool Raj Upadhyaya's case. As has been held by this Court in Gauri Dutt & Others Vs. State of H.P, Latest HLJ 2008 (HP) 366 that all those employees who have completed more than 240 days in a calender year prior to 31.12.1993 were entitled to the benefit of the scheme approved in Mool Raj Upadhyaya's case and are entitled to grant of work charged status on completion of 10 years service. Therefore, the husband of the petitioner was entitled to be granted as work charged status on 1.1.2002. The petitioner expired on 26.12.2009. Therefore, he had rendered 10 years of service on daily wage basis and after grant of work charged status his service is 7 years 11 months and 26 days. In State of H.P. & others Vs. Sarab Dayal (supra), this Court held that 50% of the service rendered on daily wage basis has to be counted towards the qualifying service for purposes of grant of pension. 50% of 10 years daily waged service amounts to 5 years and therefore, the qualifying service of the petitioner would amount to 12 years 11 months and 26 days. : 3 : 3. In view of the above discussion, the petition is allowed. The Respondents-State is directed to grant work charged status to the deceased Kuldip Singh w.e.f. 1.2.2002 and further to take 50% of the service rendered on daily wage basis into count for calculating his pension and further to grant all pensionary benefits by taking his qualifying service at 12 years 11 months and 26 days. The State is directed to ensure that the order of this Court be complied with and arrears of pension etc. with all monetary dues be paid to the petitioner alongwith interest @ 6% per annum latest by 31st October, 2011, failing which the State shall be liable to pay interest @ 12% per annum from the date when the amount fell due. The petition is disposed of in the aforesaid terms. No order as to costs. ( Deepak Gupta ) Judge. 18th April, 2011. (Krn Guleria)