Raj Kumari vs State Of Himachal Pradesh And Others

Ajay Mohan Goel, J

By way of this petition, the petitioner has primarily prayed for the following reliefs:-

“That a writ in the nature of mandamus may kindly be issued directing the Respondents to pay and release due and admissible family pension in favour of the petitioner counting the service rendered by her husband late Shri Rajender Singh on contract basis w.e.f. 08.01.1997 to 14.04.2006, for the purpose of pension, in the interest of justice.”

The petitioner is widow of late Shri Rajender Singh, who was initially appointed as JBT, on contract basis w.e.f. 08.01.1997, whose services were later on regularized on 14.04.2006. Shri Rajender Singh died on 24.10.2008. The petitioner is praying that the services rendered by her late husband on contract basis, followed by regularisation, be counted for the purpose of determining family pensionary benefits.

In light of law laid down by Hon’ble Supreme Court in State of Himachal Pradesh and another vs. Sheela Devi, wherein in para-9, Hon’ble Supreme Court has been pleased to hold that services rendered on contract basis have to be counted for pensionary benefits, if contract service is followed by regularisation, this petition is disposed of with the direction that the period of service rendered on contract basis by the late husband of the petitioner, followed by regularization, be counted for the purpose of family pension. In other words, if after counting the period of service rendered on contract basis by late husband of the petitioner, followed by regularization, the petitioner is found eligible for grant of family pension, then needful be done forthwith.

The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.