IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C.W.P. No. 5252 of 2010 Decided on: 6th September, 2010 Jagdish Kumar Petitioner Versus State of H.P. and others Respondents Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge For the Petitioner: Mr. Varun Thakur, Advocate For the Respondents: Mr. R.K. Sharma, Senior Additional Advocate General __________________________________________________________ Justice Kurian Joseph, C.J. (Oral) Petitioner has two grievances; (i) the contract service, followed by regular appointment, is not counted for the purpose of increment and pension and (ii)vacation salary has not been paid. As far as the former is concerned, the issue is now settled in favour of the petitioner by the judgment of this court, reported in Baldev Singh and others Vs. State of H.P. and others Latest HLJ 2009, 293 (HP) as well as LPA No. 36 of 2010, Sita Ram Vs. State of H.P. and others. As far as the latter is concerned, in view of the pendency of the matter before the Supreme Court, in case the petitioner gives an undertaking to the effect that in case the decision before the Supreme Court goes against him, he will reimburse the salary with interest at the rate of 10%. The salary shall be disbursed to the petitioner by the concerned disbursing officer within two months. The writ petition stands disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice ( Justice Kuldip Singh ), September 6, 2010(K) Judge