HARIA RAM RASIK Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was initially appointed as untrained Graduate Teacher in Middle School, Joni, Tehsil Kotkhai, District Shimla vide letter dated 4.10.1968. He worked in this capacity from 7.10.1968 till 2.8.1969. He obtained B. Ed. Degree and thereafter he was posted as Trained Graduate Teacher in Government Middle School, Kuthari (Ghasni), Tehsil Rohroo, District Shimla vide letter dated 28.7.1970 on ad hoc basis. He joined his duties on 28.7.1970. He worked in Government Middle School Kuthari from 12.8.1970 to 31.8.1970 and thereafter he was posted in Middle School Ratnari, Tehsil Kotkhai, District Shimla. He worked in Government Middle School, Ratnari with effect from 1.9.1970 to 5.4.1972. His services were terminated on 1.6.1972. However, he was relieved with effect from 5.4.1972 as per Annexure P-1. He was appointed as Trained Graduate Teacher on regular basis in Government Middle School, Mahori, Tehsil Theog, District Shimla through H.P. Public Service Commission. He made several representations to the Respondents to condone the delay between 6.4.1972 to 21.9.1973. His representation was rejected initially on 23.3.1981. Thereafter, the Petitioner again made representation and the same stood rejected on 17.2.1988 by the Director of Education (Annexure P-6). Thereafter, he also made various representations and also served legal notices on the Secretary (Education) on 1.8.1994 and 27.7.1995. He retired from service on 30.11.2002 as Head Master. His pension case was finalized by counting his service with effect from 22.9.1973 to 30.11.2002. In other words, the period of break in service with effect from 6.4.1972 to 21.9.1973 was not condoned.

(2.) Mr. C. N. Singh, learned Counsel for the Petitioner has strenuously argued that the period between 6.4.1972 to 21.9.1973 is required to be condoned and thereafter the Petitioner is entitled to get increments with effect from 28.7.1970. He further contended that his qualifying service was to be counted from 28.7.1970 and not from 22.9.1973. Mr. Anil Jaswal, learned Deputy Advocate General has strenuously argued that there is no provision for condoning the delay between 6.4.1972 to 21.9.1973.

(3.) I have heard the learned Counsel for the parties and gone through the pleadings carefully.