ORDER :

Learned Additional Advocate General has placed on record, copy of Office Order dated 30.11.2021, issued by the Deputy Director of Higher Education, District Sirmour at Nahan, whereby rectifying the mistake of the department, petitioner has been conferred status of daily wager w.e.f 12.10.2017 on the basis of date of his first appointment.

2. Learned counsel for the petitioner has submitted that the said status has been conferred upon him on notional basis, despite the fact that fault is on the part of officer/official concerned and there is no fault on the part of the petitioner.

3. It is an admitted fact as also accepted by the respondent-department in the reply, that correct seniority was not assigned to the petitioner by mistake which has been rectified by the Department.

4. At this stage, learned Additional Advocate General has submitted that in view of judgment rendered by the Supreme Court in Jai Dev Gupta vs. State of Himachal Pradesh and another (AIR 1998 SC 2819) and also for instructions issued by the Finance Department of Government of Himachal Pradesh, arrears of the petitioner deserved to be restricted for three years prior to filing the petition. In Jai Devi Gupta