IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 4624 of 2008. Decided on: 10.09.2010. Onkar Singh Kutlehria. …Petitioner. -Versus- State of H.P. and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. Yudhbir Singh, Advocate vice Mr. K.D. Shreedhar, Advocate. For respondents No. 1 to 4. : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. None for respondent No. 5. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): The supplementary affidavit filed by the petitioner is permitted to be taken on record. Mr. Yudhvir Singh, Advocate vice Mr. K.D. Shreedhar, learned counsel for the petitioner submits that present lis is squarely covered by the judgment dated 29.12.2009, rendered by the learned Single Judge of this Court in Om Dutt versus State of H.P. and others, CWP(T) No. 2492 of 2008 (O.A. No. 2104/1999). The petitioner was appointed as Mali on 07.02.1996. The facts of the present case are similar to the case decided by the learned Single Judge. This position is not disputed by the learned Deputy Advocate General. 1 Whether the reporters of the local papers may be allowed to see the judgment? No. 2. Consequently, it is held that petitioner was Mali of H.P. Government on the appointed day, i.e., 07.02.1996 under the Act and continued as such till he retired. The petitioner was entitled to salary as was payable to Mali in the H.P. Government on 07.02.1996 and thereafter. The petitioner is also entitled to counting of his entire service rendered by him in the erstwhile Kutlehar Forest Management till his retirement for purposes of pay fixation, seniority and retrial benefits in accordance with Section 8 of the Himachal Pradesh Kutlehar Forest (Acquisition of Management) Act, 1992. The respondents are directed to calculate the arrears payable to petitioner in accordance with the judgment and pay the same to the petitioner within a period of four months from today after adjusting payments which have already been made to the petitioner on account of his retirement, failing which, the petitioner shall also be entitled to interest at the rate of 9% on such arrears till payment. The petition is disposed of on above terms. (Rajiv Sharma) Judge September 10, 2010. (bhupender)