IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 14870/2024 Decided on: 10.12.2024 Som Dutt & Ors. …Petitioners Versus State of H.P. & Anr. .…Respondents.

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Coram Ms. Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?

For the petitioners: Mr. Devender K. Sharma, Advocate.

For the respondents: Mr. Dalip Sharma, Additional Advocate General .

Jyotsna Rewal Dua , J CWP No. 6977/2024 instituted by the petitioners was disposed of on 19.07.2024 with direction to the respondents to decide the representations dated 01.07.2023 of the petitioners within six weeks. Pursuant thereto, respondent No.2 passed an order dated Nil September 2024 (Annexure P-5) holding that contractual service rendered by the petitioners as Trained Graduate Teachers (TGT) followed by regular appointments, is to be counted for the purpose of pensionary benefits under the CCS (Pension) Rules 1972. Petitioners’ prayer for counting of their contractual services for the

1 Whether reporters of the local papers may be allowed to see the judgment?

purpose of increments was not allowed. Feeling aggrieved, the petitioners have preferred this writ petition.

2. Notice of this petition was issued on 09.12.2024, whereby direction was issued to the learned Additional Advocate General to have instructions vis-a-vis impugned order, wherein benefits of contractual service was allowed in favour of the petitioners only for the purpose of pension and not towards increments.

3. In light of law settled down in several pronouncements of this Court and also of Hon’ble Apex Court, there is no necessity for calling reply to the writ petition.

4(a) A Division Bench of this Court in Sheela Devi Vs. State of Himachal Pradesh & Ors, [2CWPOA No. 195/2019 decided on 26.12.2019], held that service of an employee appointed on contractual basis is liable to be counted as qualifying for grant of pension after regularization of the service. Special Leave to Appeal (Civil) No. 10399/2020, preferred by the respondents against the said judgment was dismissed on 07.08.2023.

4(b) Jagdish Chand Vs. State of Himachal Pradesh & Ors alongwith connected matters, [3CWP No. 2411/2019 decided on 10.01.2020] was decided by a Division Bench of this Court inter-alia holding that contractual service rendered by the petitioners (therein) as Junior Basic Trained Teachers shall be counted towards qualifying service for the purpose of pension under the CCS Pension Rules 1972 as well as for grant of the annual increments. Consequential benefits, however, were restricted in the said case to three years prior to the filing of the writ petition. SLP(C) No.8012-8013/2021 (State of Himachal Pradesh Vs. Jagdish Chand) was dismissed on 07.08.2023. The judgment in Jadgish Chand’s case has attained finality.

4(c) In Prabha Kanwar through her legal heirs Vs. State of Himachal Pradesh & Ors, [4CWPOA No. 3477/2020 decided on 08.11.2023] the issue raised was as to whether the persons, who were initially appointed on contract basis as lecturers and later on regularized, were entitled to count the period of their contractual services for the purpose of pensionary benefits as also the annual increments. Relying upon the decision rendered in Jagdish Chand & Ors Vs. State of Himachal Pradesh & Ors. alongwith connected matters³ and the order passed in SLP(C) No.8012-8013/2021 instituted against the said decision, the petitioners were held entitled to annual increments with financial benefits confined to period of three years prior to the filing of the main petition. Relevant parts from the judgment read as under:-

“6. Relying on Jogha Singh, another batch of cases came to be filed being CWP No.2411 of 2019 and batch. The same were allowed on 10.01.2020 by the Division Bench of this Court to which one of us is a party (Justice Jyotsna Rewal Dua). Against this judgment, SLP(Civil) No.8012/8013/2021 was filed by the State of Himachal Pradesh in the Supreme Court, but the State withdrew the said SLP.

7. In thi