Photo used for indicative purpose only. Source internet
Shimla, Sept 8,
The Himachal Pradesh High Court has directed the State government to extend pensionary benefits to Jagat Ram, a retired daily wage worker, by applying the principles laid down in the Supreme Court’s judgments in Sunder Singh vs. State of Himachal Pradesh and Balo Devi vs. State of Himachal Pradesh.
Justice Sandeep Sharma, while allowing the petition filed by Jagat Ram, held that the petitioner’s 11 years of daily wage service—reckonable as two years of regular service—combined with seven years of regular service, must be treated as 10 years of qualifying service, thereby making him entitled to pension.
“The petitioner, who has rendered more than nine years of regular service after giving benefit of his daily wage period, is required to be given the benefit of 10 years regular service. In such circumstances, his prayer for pension cannot be rejected,” the Court observed.
Rejecting the State’s contention that the claim was barred by delay and laches, Justice Sharma remarked that a Class-IV employee cannot be expected to fully understand such legal doctrines, and since pension is a recurring cause of action, the plea of acquiescence was untenable.
The Court also noted that the State government had issued a notification on February 14, 2019, advising implementation of the Sunder Singh judgment across departments, yet employees like the petitioner were compelled to approach courts to secure their rights.
Consequently, the Court directed the respondents to release pension and consequential benefits to Jagat Ram within four weeks, stressing that he had been pursuing his rightful claim for a considerable period. The matter has been listed for compliance on October 27, 2025.
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