Ravinder Singh vs State of H.P.

Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayers: i) That the writ in the nature of certiorari may kindly be issued to quash and set aside the order dated 22.4.1988 at Annexure P-5, for modification of the same whereby the tenure period i.e. ad hoc period of service of the petitioner from 29.6.1987 to 22.4.1988 was not counted/taken into consideration for annual increments and seniority. The directions may kindly be issued to the respondents to allow the annual increments to the petitioner for ad hoc period from 29.6.1987 to 22.4.1988 by way of fixation of salary as per the pay scale of the post.

ii) That the respondents may kindly be directed to fix seniority of the petitioner by taking into consideration the ad hoc period of service from 3rd July, 1987 (the date of initial joining) on tenure basis to 10.5.1988 (the date of joining in the school after regularization).

The petitioner claims the benefit of increments during the tenure period of service rendered by him and also count the said period for the purpose of pension. According to the petitioner, the issue is covered in his favour by the judgment of this Court dated 16.12.2010 rendered in CWP No. 4550 of 2010 titled as Ravi Kumar vs. State of H.P. & others.

Learned Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. Petitioner submits that he would file appropriate representation furnishing all factual details before the competent authority within a period of one month from today. It is always open for him to do so.

Therefore, the writ petition is disposed of directing the respondent concerned to examine the matter and verify the facts in the light of the judgment referred to above and take appropriate action thereon within a period of four months from the date of the production of a copy of this judgment along with a copy of the writ petition and the copy of the judgment referred to above by the petitioner. The writ petition is disposed of, so also the pending application(s), if any.