KARTAR SINGH Vs. STATE OF H P ANOTHER

JUDGEMENT

(1.) The petitioner, by means of this petition, has prayed for grant of following reliefs:-

(2.) The admitted facts are that the petitioner worked as Trained Graduate Teacher w.e.f. 16.9.1988 to 4.1.1991. He was selected as Lecturer in History (School Cadre) vide memo dated 21.12.1990. He thereafter submitted his resignation on 3.1.1991 in terms of the earlier orders passed by the Department and joined as Lecturer(History) in the same Department on 4.1.1991. His case is squarely covered by sub-rule (2) of Rule 26 of the CCS(Pension) Rules and his resignation shall not entail forfeiture of past service because he has taken up the other appointment in the same Department. Once the appointment has been taken up in the same Department, it is obvious that it is with the approval of the higher authorities. Therefore, his resignation cannot entail forfeiture of his past service for the purpose of grant of pension.

(3.) The second grievance of the petitioner is that though, he was appointed as Principal on ad hoc basis w.e.f. 20.12.1997 and joined as such on 25.3.1998. His services have not been regularized as Principal, even though, the services of his juniors have been regularized as Principal vide notification dated 20.9.2002. In this regard reference may be made to letter dated 9th March, 2005 issued by the Director of Education, Himachal Pradesh, which reads as follows:-