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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Vivek Singh Thakur, Ranjan Sharma
Basant Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
Present appeal has been preferred by the appellants against judgment dated 25.09.2023, passed by learned Single Judge in CWPOA No.3414 of 2020, titled as Basant Kumar and others vs. State of Himachal Pradesh and others and connected matters, to a limited extent whereby claim of the petitioners, on regularization, for grant of annualincrement for services rendered by them on contractual basis has been rejected by referring judgment passed by the Supreme Court in State of Himachal Pradesh and another vs. Sheela Devi, SLP (c) No.10399 of 2020, with observation that in para-9 of the said SLP, the Supreme Court has categorically held that it is only for the purposes of pension that the past service as a contractual employee is to be taken into account.
2. Another limb of impugned judgment granting benefits to the petitioners-appellants of their contractual service for pensionary benefits by directing to treat the same as qualified service for the purpose of pension has not been assailed either by the appellants or by the respondent-State.
3. In CWP No.850 of 2010, titled as Paras Ram vs. State of H.P. and another, decided on 19.10.2010, reported in Latest H
Contractual service must be counted for both annual increments and pensionary benefits, as established by previous judgments and legal principles regarding equal treatment of similarly situated emplo....
The court held that ad-hoc service cannot be counted as qualifying for pension benefits under the New Pension Scheme, as the initial appointments were not made per the relevant rules.
The main legal point established in the judgment is the strict interpretation of the statutory provision under sub-rule (6) of Rule 18 of the OCS (Pension) Rules, 1992, and the court's direction for ....
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