Himachal Pradesh High Court

CWP/11684/2011 on 28 December 2011

Cites 0, Cited by 0

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No. 11684 of 2011-I

Date of Decision 28th December, 2011

________________________________________________________

Milkhi Ram Sharma son of Shri Mangat Ram resident of Village Patti, P. O. Jakhara, Tehsil Fatehpur, District Kangra, H. P.

….Petitioner.

Versus.

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

1. State Himachal Pradesh through Secretary (Education), to the Government of Himachal Pradesh, Shimla-171002.

2. Director of Higher Education, Himachal Pradesh, Shimla- 171003.

3. Deputy Accountant General, Audit and Accounts, H. P., Shimla.

….Respondents. Civil Writ Petition under Article 226 of the Constitution of India. _______________________________________________________________

Coram

The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Dev Darshan Sud, Judge. ________________________________________________________________ For the Petitioner : Mr. Adarsh K. Vashista, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General with Mr. J. K. Verma, Deputy Advocate General and Mr. Ankush Dass, Sood, Additional Advocate General. __________________________________________________________________ Justice Kurian Joseph, C.J. (oral)

The writ petition is filed with the following prayers:

“1. Writ in the nature of certiorari may kindly be issued, quashing the Annexure P-3 to the extent where by the service rendered by the petitioner on adhoc basis has not been counted.

2. Writ in the nature of mandamus may kindly be issued, directing the respondents to High Court of H.P. 2011:HHC:11665-DB ::: Downloaded on - 05/11/2026 12:12:35 :::CIS

2 grant the benefit of pay fixation and counting of the service for pension w.e.f. 3rd, Jan, 1986 to 31.3.1994, the due date in favour of the petitioner as has been allowed to similarly placed in view of the judgment passed by this Hon’ble Court in L.P.A. No.-36/2010 titled as Sita Ram Vs. State of H. P. along with consequential benefits.”

2. In case adhoc service is followed by regular service for the same post, it is liable to be counted for the purpose of pension and increments, in view of the decision of this Court in LPA No. 36 of 2010, Sita Ram vs. State of H. P.

3. There will be a direction to 2nd respondent to issue necessary clarification in this regard to 3rd respondent so as to enable 3rd respondent to take further action in the matter accordingly. Annexure P-3 stands quashed. 2nd respondent is further directed to take steps within a period of three months from the date of production of copy of this judgment and 3rd respondent shall take further action in the matter within another period of one month.

4. The writ petition stands disposed of so also the pending application(s), if any.

(Justice Kurian Joseph)

Chief Justice.

December 28, 2011 (Justice Dev Darshan Sud), (R/Jai)

Judge High Court of H.P. 2011:HHC:11665-DB ::: Downloaded on - 05/11/2026 12:12:35 :::CIS

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead