STATE OF HIMACHAL PRADESH Vs. J L SHARMA

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) This appeal by special leave is directed against the judgment of the Himachal Pradesh Administrative Tribunal, Shimla dated 16th December, 1996 passed in O. A. No. 109 of 1987. The respondents are promotee officers to the Himachal Pradesh Forest Service Class II. They filed an application before the Tribunal for a direction that the direct recruits to the Forest Service Class II are entitled to their seniority from the date of their joining after completion of the training and not from the date of their joining the training at the Forest Research Institute in terms of the Notification dated 30th April, 1986. The Tribunal by the impugned judgment having granted that relief and having held that the direct recruits are only entitled to get pay while continuing under training in the Forest Research Institute and will not get the benefit of seniority vis-a-vis the promotees, the State has come up in appeal. The question that arises for consideration, therefore, is whether a direct recruit will be entitled to count the training period for the purpose of his seniority in the service or not The answer to this question will depend upon the relevant service rules which govern the conditions of service of the employees in a particular State.