Ramesh Chandra vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition is filed with the following prayer:

(I) Writ in the nature of mandamus may kindly be issued, directing the Respondents to grant the benefit of counting of service put on tenure basis for the benefit of pay fixation and pension w.e.f. the due date in favour of the Petitioner as has been allowed to similarly placed persons in the department of Education, Government of Himachal Pradesh along with consequential benefits.

The Petitioner is aggrieved since tenure service rendered by him is not counted for the purpose of pay fixation and pension. In CWP No. 4550 of 2010, titled Ravi Kumar v. State of H.P. and Anr. along with connected matters, decided on 16.12.2010, this Court has made it clear that the tenure appointees in the Education Department, if appointed without break in regular service, shall be granted increments, during the tenure period and the said service will count for pension, as in the case of ad hoc appointees in the Education Department. Therefore, there will be a direction to the second Respondent to look into the matter verifying the facts and take appropriate action in light of the judgment, referred to above, within a period of four months from the date of production of a copy of this judgment and a copy of the judgment, referred to above, along with a copy of the writ petition by the Petitioner.

With these observations, the writ petition stands disposed of, so also the pending application(s) if any.