HC directs Himachal govt to release pension dues of retired forest department worker
The judgment, delivered by Justice Sandeep Sharma in the matter (CWP No. 193 of 2024), came on a petition filed by Narender Kumar against the State of Himachal Pradesh and others.
According to the verdict passed on August 4, Kumar, who began as a daily wager in the Chamba Forest Division in January 1990, was granted work charge status with effect from January 1, 2000, and regularized as a peon on August 25, 2006. He retired on February 28, 2017.
The petitioner argued that his work charge service should be included for pension eligibility, which would qualify him for OPS benefits. The State opposed, citing his post-2003 regularization, which placed him under the New Pension Scheme (NPS).
The court, relying on earlier rulings including Prem Singh vs State of UP and Viyas Dev vs State of HP, held that work charge service must be counted towards pension. Justice Sharma rejected the state's plea for delay and laches, noting that the cause of action was recurring and that the petitioner had earlier secured a 2015 High Court order for grant of work charge status.
Directing the government to calculate Kumar's qualifying service by including his work charge period, the court ordered release of pension and arrears under OPS within two months, subject to the deposit of NPS amounts already received. Failure to comply will attract 6 percent annual interest.
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