High CourtsSingle Bench(2020) 08 SHI CK 0372

Yashwant Singh vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 27 August 2020

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Dismissed
CASE NUMBER
CWPOA No. 460 Of 2020

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Judgment

7 paragraphs · 224 words

Ajay Mohan Goel, J

1.

By way of this writ petition, the petitioner has prayed for the following substantive relief:-

"(a) That a writ of mandamus may be issued and the respondents may be directed to count the entire ad hoc service, rendered by the petitioner towards the seniority, with all consequential benefits."

2.

I have heard learned Counsel for the parties and gone through the pleadings as well as documents appended therewith.

3.

In the response which has been filed to the petition by the respondents, it has been categorically mentioned in para 4 on merit thereof, on the strength of the judgments of this Court quoted therein, that though an employee, who has rendered adhoc/tenure service, is entitled to count the same for the purpose of increment and pension but the same cannot be counted for seniority and pay fixation.

4.

Therefore, as the issue as to whether the adhoc and tenure service can be counted for the purpose of seniority and pay fixation is no more res integra in view of the judgments, as are mentioned in para 4 of the reply, the petitioner cannot be granted seniority on the basis of adhoc/ tenure service rendered by him.

In this view of the matter, this petition being devoid of merit is dismissed. Pending miscellaneous application(s), if any, also stands disposed of.