STATE OF H.P. Vs. SATYA PAL SOOD

JUDGEMENT

(1.) The moot question in all these cases is as to whether the service rendered by a person in a privately managed institution prior to his induction in government service can be counted for the purpose of calculating 8 years of service for the grant of senior scale. The foundation of all these cases is the judgment passed by the learned Single Judge of this Court in CWP(T) No. 3125 of 2008 (OA No. 689/1996) decided on 12.5.2009 against which LPA No. 2 of 2010 has been preferred. The learned Single Judge therein has granted the aforesaid benefit by according the following reasoning:

(2.) It would be seen that in order to arrive at the aforesaid decision, the learned Single Judge has relied upon the letter issued by the UGC on 27.11.1990 (wrongly mentioned as 21.11.1990) and allowed the benefits on the basis of the so called clarificatory letter.

(3.) It appears that none of the parties to the lis brought to the notice of the learned Single Judge the judgment passed by a learned Division Bench of this Court in CWP No. 580 of 2001 titled as State of H.P. vs. Seema Bawa decided on 5.7.2007 wherein this Court after taking into consideration the clarificatory letter dated 27.11.1990 has taken a contrary view than the one taken by the learned Single Judge and held as follows: