Himachal Pradesh: HC grants pension under old scheme to work-charge staff, says exploitation can't deny rightful benefits

Shimla (Himachal Pradesh) [India],August 8(ANI): In a significant ruling, the Himachal Pradesh High Court has directed the state government to extend benefits of the Old Pension Scheme (OPS) to a retired peon who was initially employed as a daily wager and later granted work charge status, observing that services rendered in such capacity cannot be ignored for pension purposes.

Justice Sandeep Sharma, while delivering judgment in CWP No. 193 of 2024 (Narender Kumar vs State of Himachal Pradesh & others), held that Narender Kumar, who started as a daily wager in January 1990 and later secured regularization in 2006, was entitled to OPS benefits, including arrears, provided he deposits the amount received under the New Pension Scheme (NPS).

The petition is allowed. Respondents are directed to take into consideration period of work charge status while calculating qualifying service for the purpose of pension and thereafter, due and admissible pension under Old Pension Scheme be released... preferably within a period of two months, the court ruled, warning of 6 annual interest for delay.

The petitioner had sought pension, gratuity and arrears from February 2017 (when he superannuated) citing his long service, including six years as a work charge employee and 11 years as a regular employee. His plea relied on previous judgments such as Viyas Dev vs State of HP and Prem Singh vs State of U.P., where courts recognized work charge service as qualifying for pension under CCS (Pension) Rules, 1972.

Rejecting the state argument that his regularization post-2003 made him ineligible for OPS, the court ruled that the six years he served in work charge capacity from 2000 must be added to his qualifying service. It would be unfair for the State to use exploitative devices like long work charge service and later deny benefits citing policy cut-offs, the court said, quoting the Supreme Court remarks in Prem Singh.

The state had also objected to the petition on grounds of delay and laches, arguing that Narender Kumar filed the plea too late. The court rejected this, citing the continuous injury the petitioner suffered due to denial of pension and held that in such service-related cases involving poor workers, courts must act as guardians of fundamental rights rather than dismiss on technicalities.

The court referred to previous SC judgments (Tarsem Singh and Asger Ibrahim Amin) to emphasize that recurring grievances like denial of pension must be addressed, regardless of time delay, especially when there no third-party prejudice.

However, the court made the relief conditional on the petitioner depositing the amount already received under NPS. Due and admissible pension under Old Pension Scheme be released. But subject to deposit of NPS amount received by the petitioner, the order stated.

This judgment is likely to influence several similar cases in Himachal Pradesh, where thousands of employees who were initially hired on daily wage or work charge basis continue to seek recognition of their service for pension benefits under the Old Pension Scheme. (ANI)

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