ARUN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court seeking counting of his contract service for the purpose of annual increment, seniority and consequential benefits from the date of his initial appointment i.e. 22/9/2010.

(2.) Admittedly, petitioner was appointed as Lecturer in Mathematics (School Cadre) in the Department of Higher Education on 22/9/2010 on contract basis in the Pay Band of Rs.10,300.0034,800/-+4200 (GP) as per terms and conditions of R and P Rules applicable to the recruitment for the said post. Services of the petitioner were regularized on 27/4/2016 after completion of requisite 05 years continuous contractual service, in accordance with the instructions issued by the Department of Personnel, Government of Himachal Pradesh, vide Communication No. PER(AP)C-B-(2)- 2/2015 dtd. 22/4/2016. On regularization, petitioner was placed at the minimum of the time scale of the post.

(3.) It is also undisputed that initial recruitment of the petitioner against the post of Lecturer Mathematics (School Cadre) in the year 2010 though on contract basis, but was made following procedure prescribed under R and P Rules framed by the Department, under the Proviso to Article 309 of the Constitution of India, and the process was undertaken by the Himachal Pradesh Public Service Commission, the prescribed recruitment agency.