1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 8990 of 2008 Date of decision: 27.12.2010 ________________________________________________________________ Dr. Sher Singh Negi .....Petitioner. Versus State of Himachal Pradesh .....Respondent. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: Mr. Jeevesh Sharma, Advocate with Mr. Inderjeet Singh, Advocate. For the respondent : Mr. J.S. Rana, Assistant Advocate General. V.K. Sharma, J. (Oral). The petition has been filed on the following prayers vide para 7 (a) and (b): “(a) To direct the respondent to consider the date of joining of the applicant in the service under the respondent department with effect from 5.10.1983 and further the benefit of the revision of pay scale on completing 4-9-14 years of service be given to the applicant after considering the date of joining of the applicant in the respondent department with effect from 5.10.1983. (b) Direct the respondent to grant PG increment to the applicant with effect from 19.9.1996 i.e. 1 Whether reporters of Local Papers may be allowed to see the judgment? No. 2 the date the applicant has actually passed the PG examination.” 2. In reply on behalf of the respondent, the following stand has been taken vide para 6(a) on merits : “That the contents of this para are admitted to the extent that the applicant was appointed as Hospital Registrar in I. G. Medical College, Shimla in the pay scale of Rs.940-1850 on tenure post vide H.P. Govt. memo dated 5.10.1983 for a period of one year in the first instance and expendable for another two years on year to year basis. He joined as such on 6.10.1983 and his tenure appointment was extended for another two years on year to year basis till 5.10.1986. It is further submitted that the applicant was relieved on 11.3.86 (A.N.) on his regular appointment as GDO-II at Civil Hospital, Sarahan, District Shimla, H.P. in pursuance of H. P. Govt. Memo dated 5.3.1986 where he joined on 12.3.1986 as per entries recorded in the service book. The applicant rendered service as Hospital Registrar in I.G.M.C. Shimla from 6.10.1983 to 11.3.1986 on tenure basis which is not countable as service for any purpose. As a matter of fact as already stated above the applicant actually joined as HPHS Gr4ade-II (GDO-II) on 12.3.1986 and the date 6th October, 1983 is the date of his tenure appointment as Hospital Registrar. The date of his regular service indicated as 13.6.1985 in the office order dated 29.10.2001 is wrong which is shown inadvertently and requires to be reviewed. As matter of fact he becomes eligible for next higher pay scale of Rs. 14300-18150 on 3 completion of 14 years of service from 1.1.2001 taking the service into consideration from his date of appointment as HPHS Grade-II (GDO-II) from 22.3.1986 as per previsions contained in HP Govt. Finance Department letter dated 23.6.2000 which is wrongly given from earlier date from 1.1.2000 due to above reason, vide office order dated 29.10.2001 as referred to above and need to be reviewed.” 3. In view of the above reply, in case the petitioner still has any surviving grievance with regard to factual or legal aspects of the matter, he shall be free to make a representation to the respondent along with copy of this judgment within one month from today and the said respondent shall consider and take a final decision thereon within next three months, after affording an opportunity of being heard to the petitioner, if so desired. 4. The petition stands disposed of, so also pending CMP(s), if any. (V.K. Sharma) Judge 27th December, 2010 (jai)