IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No: 2045 of 2016 Decided on: 7th May, 20P25 __________________________________________________________

Shiv Sharan Sharma ...Petitioner Versus State of Himachal Pradesh & Others f …Respondents Coram:

Honble Mr. Justice G.S. Sa ndhawalia, Chief Justice Honble Mr. Justice Ranjan Sharma, Judge

1Whether approved for reporting ? Yes.

For the petitioner: Mr. Surender Sharma, Advocate. For the respondents: Mr. Rakesh Dhaulta, Additional Advocate General, for respondents No.1, 3 & 4-State.

Mr. Shyam Singh Chauhan, Central Government Counsel, for respondent No.2.

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Per Ranjan Sharma, Judge Petitioner, Shiv Sharan Sharma, a retired Art & Craft Teacher from the Elementary Education Department of the State Government, has come up before this Court under Articles 226/227 of the Constitution of India, assailing the order dated 09.05.2016, [Annexure-PF] passed by the Learned

1 Whether reporters of Local Papers may be allowed to see the judgment?

Himachal Pradesh Administrative Tribunal [referred to herein as the ‘Tribunal’] in TA No.1833 of 2015, earlier CWP No.1009 of 2013, disallowing his claim for pension, on attaining the age of supera.nnuation on 30.06.2012 w.e.f. 01.07.2012 onwards.

FACTUAL MATRIX LEADING TO T.A. NO.1833 OF

2015 [EARLIER CWP NO.1009 OF 2013]:

2. Case set up by Learned Counsel is that the petitioner was appointed on the post of Junior Basic Teacher [JBT] on contract basis on 28.06.1996 and his contract was renewed from time to time and he served as such uninterruptedly till 13.12.2002 in Government Primary School, Domehar, Tehsil Kandaghat, District Solan, Himachal Pradesh and has rendered about 6 years 5 months and 15 days of contractual service as JBT.

2(i). While working as JBT, the petitioner upon due selection was appointed on the post of Art & Craft Teacher and he joined in Government Middle School, Koon, on 13.12.2002 and he served till his superannuation on 30.06.2012, after rendering about 9 years 6 months and 19 days of service on the post of Art & Craft Teacher under the respondents. The petitioner has placed on record Annexure-PA dated 23.02.2012, showing incumbency on the post of JBT [contract] Annexure-PB from 28.06.1996 till 13.12.2002 and the fact .that his contractual appointment was renewed from time to time by the respondents and he continued as such without any break in service. Perusal of Annexure-PC reveals that the petitioner joined on post of Art & Craft Teacher on 13.12.2002 on regular basis, in regular pay scale and he served as such till his superannuation on 30.06.2012. In above background, the petitioner had filed a CWP No. 1009 of 2013 [renumbered and registered as TA No.1833 of 2015], with the following prayers :-

“(i) That the respondents may kindly be directed to grant to the petitioner, the pensionary benefits and other eligible benefits, by counting the service rendered by him on contract basis as J.B.T. for the purpose of qualifying service or alternatively.

(ii) The respondents may kindly be directed to grant to the petitioner the pension and other eligible benefits by treating the period of 9 years six months and 19 days, as complete ten years (qualifying services of 10 years), as per the provisions of Rule-49(3) of the CCS Pension Rules, 1972:

(iii) That the respondents may kindly be directed to disburse the arrears of th.e pension to the petitioner with in Pthe period of one month alongwith interest @12% per annum.”

PROCEEDINGS BEFORE STATE ADMINISTRATIVE TRIBUNAL IN TA NO.1833 OF 2015:

3. Pursuant to the issuafnce of notice by this Court on 15.03.2013, the matter was admitted with directions to respondents to file the reply. On establishment of State Administrative Tribunal, the matter was transferred to Learned Tribunal and the same was registered as TA No. 1833 of 2015, when, it was finally heard.

STAND OF RESPONDENTS NO.1 & 3 IN REPLY-

AFFIDAVIT:

g 4. The Respondents No.1 & 3 filed a reply-

i affidavit in the aforesaid CWP/TA contending that the