IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 10534 of 2011-D Decided on: 8th December, 2011. Shri Krishan Baldev S/o Shri Parshotam Ram, resident of Village Tharask, P.O. Hurla, Tehsil and Distt. Kullu, Himachal Pradesh. … Petitioner. Versus 1. State of H.P. through Secretary (Elementary Education) Government of Himachal Pradesh, Shimla-2. 2. The Director of Elementary Education, Himachal Pradesh, Shimla. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner : Ms. Archana Dutt, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. Ankush Dass Sood, Addl. AG and Mr. Vinod Thakur, DAG. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayer:- “That the respondents may kindly be directed to count the ad hoc period of service rendered by the petitioner for fixation of pay by allowing him all the increments from the date of his initial appointment and further for counting the same for pensionary benefit as per the law settled by this Hon’ble Court in CWP(T) No. 7712 of 2008 decided on 19.5.2009..” 2. According to the petitioner the ad hoc service rendered in the post of JBT is liable to be counted as qualifying service. There cannot be any dispute on this aspect in view 2 of the enabling provision under Rule 13 read with Rule 3(q) of the CCS (Pension) Rules. However, since the said service is followed by the service in a different category, such service cannot be counted for the purpose of increment. Therefore, this writ petition is disposed of with a direction to count the service rendered by the petitioner as JBT for the purpose of pension only. 3. The writ petition is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 8th December, 2011. (Justice Rajiv Sharma), (tr/naveen) Judge. 3