Date Of Decision: 1St November vs State Of H.P & Ors
2023 Latest Caselaw 17318 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6320/2021 Date of Decision: 1st November, 2023.

         Uma Sharma                                                 .....Petitioner.




                                                                                        .
                                            Versus





         State of H.P & ors.                                        .....Respondents.
         Coram

The Hon'ble Mr. Justice Bipin Chander Negi, Judge.

Whether approved for reporting?1

For the Petitioner: Mr. Jagan Nath, Advocate.

For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Gautam Sood, Dy. Advocate General.

Bipin Chander Negi, Judge.

The present petition has been filed seeking following

substantive relief:-

"That the writ of mandamus may kindly be issued by directing the respondent department to grant service benefit to the petitioner for the contractual service put

in by the petitioner w.e.f. 6.6.1997 till 1.1.2006 and the said period be counted for grant of annual yearly increment as well as towards pensionary benefits with all consequential benefits."

2. Brief facts of the case are that the petitioner was initially

appointed as Junior Basic Teacher on 6.6.1997 on contract basis by

following due selection process and was posted in Government

Primary School Shimola, District Sirmaur, H.P. Thereafter, the

services of the petitioner was regularized as Junior Basic Teacher on

1.1.2006.

3. The issue of contractual service rendered by the petitioner as

Junior Basic Teacher for the purpose of being counted towards

qualifying service under the Central Civil Services (Pension) Rules

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

1972 as well as annual increment is no longer res integra. The said

issue has been decided in CWP No.2411 of 2019 titled Jagdish

Chand vs. State of H.P and others, on 10.1.2020.

.

4. Besides the aforesaid, the said issue has also been

adjudicated upon by Hon'ble Apex Court in SLP (Civil)

No.10399/2020 titled State of Himachal Pradesh & anr. vs.

Sheela Devi, decided on 7th August, 2023.

5. In view of the aforesaid, the instant petition is allowed and

respondents/competent authority are directed to count the period of

contractual service rendered by the petitioner towards qualifying

service for the purpose of pension and annual increment. The

consequential financial benefits shall be restricted to three years prior

to filing of the present petition.

All pending application(s), if any, also stand disposed of.

(Bipin Chander Negi)

Judge

1st November, 2023 (CS)