Whether approved for reporting?

1^{Whether the reporters of Local Papers may be allowed to see the judgment?} For the petitioner: uMr.Prem P.Chauhan andMs.Shikha Rajta, Advocates.

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

Jiya Lal Bhardwaj, Judge (Oral)

h The petitioner, by way of present petition, has gprayed for the following substantive reliefs:-

“(a) to issue a writ of certiorari or direction in nature thereof, quashing the impugned orders dated 15.02.2010 (Annexure P-12) and March, 2010 (Annexure P-13) of the writ petition, as unconstitutional and illegal andcontrary to the law;

(b) to issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondents to count the period w.e.f. 4th February, 1984 to 2nd September, 1994 rendered by the petitioner in the H.P. State Council for Child Welfare, towards his pension and other consequential benefits and pay arrears alongwith interest thereon @ 18% pa;”

2. Shorn of unnecessary details, the key facts of the case are that the petitioner was initiallHy appointed as Instructor (Craft) in the school/home for Blind Children, Dhalli on ad-hoc basis on 4th February, 1984 by the H.P. State Council for Child Welfare, as is evident from office order dated 02.03.1984 (Annexure P-2). After serving on contract basis till 31.03.1986, his services were regularized on the saidpost w.e.f. 01.04.1986 and he served there till 08.09.1994.

3. The petitioner had applied through proper channel for the post of Lecturer (school cadre) in Political Scienceand as hper office order dated 30.08.1994, he was selected for thegsaid post on stop-gap basis in the pay-scale of Rs.1800-3200/- (1800 fixed) plus other usual allowances. After his selection, the petitioner had tendered technical resignation on 08.09.1994 (Annexure P-4) to his employer with a view to join the next assignment, which was duly accepted and thereafter, he joined on the post of Lecturer (Political Science), (school cadre). No objection certificate dated 20.09.1994 issued by the H.P. State Council for Child Welfare (Annexure P-5) and experience certificate dated 09.11.1994(Annexure P-6), have been placed on record. A perusal of experience certificate dated 09.11.1994 reveals that the petitioner has rendered hisservices with the H.P. State Council for Child WelfaPre w.e.f.04.02.1984 to 08.09.1994. The services of the petitioner as Lecturer were regularized on 12.01.1995 and he continued to serve in the school till 30.07.1999. T hereafter on the recommendations of the H.P. Publioc Service Commission, his services were taken on regular basis as Lecturer (college cadre), Class-I in the subject of Political Science andaccordingly, he joined on 30.09.1999.

4. The petitioner made representation to respondent No.1, requCesting therein to give him the benefit of his previous services rendered with the H.P. State Council for Child Welfare on the analogy of one Shri Laxmi Singh Bhatia, Clerk, working in the GAD Branch of the H.P. Secretariat, Shimla as well as on the basis of Shri Harish Kumar, Clerk, who was appointed in the same department where the petitioner was earlier serving. The office order dated 03.08.2007 (Annexure P-9) issued by the Director, Treasuries, Accounts and Lotteries, H.P. reveals that the services of Shri Harish Kumar, Clerk w.e.f 27.07.1985 to 28.05.1996 i.e. 10 years, 10 months and 3 days before his appointment was accorded after having deposited the terminal benefits received by him from the H.P. State Council for Child Welfare. It washowever, made clear that the past services renderedP by the said employee will only be counted for the purpose of pensionary benefits and he will not be entitled for any other benefit, monetary or otherwise.

5. The petitioner againo made representation. However, the said prayer made by the petitioner came to be rejected vide order dated 15.02.2010 (Annexure P-12). A perusal of order dated 15.02.2