Himachal Pradesh High Court
CWPOA/9233/2008 on 28 December 2011
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CWP(T) No. 9233/2008
28.12.2010 Present: Mr. M. L. Sharma, Advocate, for the petitioner.
Mr. R. M. Bisht, Dy. A.G. for the respondents Petitioner has prayed for the following relief(s):
“(i) To direct the respondents to allow 3 advance increments to the applicant in the pay scale of Rs.1650-2925 on his appointment on tenure basis w.e.f. 7.5.88 and to allow him annual increments from that date.
(ii) To direct the respondents not to reduce the pay scale of the applicant form Rs.5480-8925 to Rs.5000-8100 on his regular appointment to the post of LT w.e.f.
6.6.98.
(iii) To allow all consequential reliefs to the applicant with interest @ 15% per annum.”
2. According to Mr. M. L. Sharma, learned counsel for the petitioner matter in issue is squarely covered by the decision rendered by this Court in Thakuri Devi vs. State of H.P. & Ors., Latest HLJ 2010 (HP) 549. In so far as relief No. (i) is concerned, this Court in Thakuri Devi (supra) has held that if adhoc/tenure service is followed by regular service without break, then period of adhoc/tenure service is to be counted towards annual increments.
3. In the instant case, petitioner was appointed on adhoc basis in the year 1982 on the post of JBT. Thereafter, w.e.f. 30.4.1988, he was appointed as a Language Teacher on tenure basis. On 6.6.1988, petitioner’s service on the post of Language Teacher was regularized. Consequently ratio laid down in Thakuri Devi (supra) squarely apply to the instant case. Service rendered by the petitioner with effect from the year 30.4.1988 as claimed for by him is to be counted for the purposes of annual increments.
4. With regard to relief No. (ii), ratio laid down by this Court in State of H. P. & Ors. vs. Mohinder Singh, LPA No 107/2009, decided on High Court of H.P. 2010:HHC:12971 ::: Downloaded on - 05/11/2026 12:12:56 :::CIS
30.3.2010, is squarely applicable. Consequently directions issued in said judgments shall mutatis mutandis apply to the instant case also. Consequential action be positively taken within a period of 3 months from the date of receipt of the certified copy of the order. Payment be disbursed within the aforesaid period, failing which, thereafter petitioner shall be entitled to interest @9% per annum. With the aforesaid observations, petition stands disposed off.
December 28, 2010
( Sanjay Karol ), (rana)
Judge.
High Court of H.P. 2010:HHC:12971 ::: Downloaded on - 05/11/2026 12:12:56 :::CIS