IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2240 of 2009 Decided on : July 9, 2010 Achit Ram Shastri …Petitioner. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. S.C. Sharma, Advocate. For the Respondents : Mr. R.K. Sharma, Senior Additional Advocate General, and Mr. Ramesh Thakur, Assistant Advocate General, for respondents No.1 and 2. Surjit Singh, J (Oral) Petitioner was appointed as a Shastri Teacher in a School at Jogindernagar, which was under the control of Punjab State Electricity Board. His appointment took place in the year 1963. In the year 1971, the School was taken over by the State of Himachal Pradesh, vide letter No.15- 37/68/Edu.-II, dated 16th June, 1971, which is supposed to contain the terms and conditions, on which the School and the services of the teachers, working in the School, were taken over/transferred. Petitioner’s services were also taken over, at the time of the taking over of the School and he served in the School till his superannuation in the year 1992. 2. Pension case of the petitioner was sent to the Senior Deputy Accountant General (A & E), Himachal Whether reporters of the local papers may be allowed to see the judgment? …2… Pradesh, Shimla, indicating therein that the date of appointment of the petitioner was 17th May, 1963. Senior Deputy Accountant General, Himachal Pradesh, did not take into account the services rendered by the petitioner in the School, when it was under the control of Punjab State Electricity Board and counted his services only from the date of taking over of the School by the Himachal Pradesh Government and sanctioned payment of pension accordingly. 3. Senior Deputy Accountant General sought clarification from the Principal, who had submitted the case of pension of the petitioner, whether the service rendered from 1963 to 1971, when the School was under the control of Punjab State Electricity Board, was required to be taken into account or not. Principal wrote a letter to the Deputy Director (Education), asking for supply of letter dated 16th June, 1971, regarding transfer of the School. Deputy Director (Education), in turn, wrote a letter to Director (Elementary Education), on 13th June, 2008, requesting him to supply a copy of the said letter to the Principal, so that Senior Deputy Accountant General’s communication was replied to. Director (Elementary Education), Himachal Pradesh has not supplied copy of the said communication of 1971 to the Deputy Director or the Principal, so far. 4. I have heard the learned counsel for the parties and gone through the record. …3… 5. Writ petition is disposed of, with a direction to respondent No.1 as also respondent No.2, i.e. the State of Himachal Pradesh, through Secretary (Education) and Director of Elementary Education, respectively, to directly take up the matter of the petitioner with the Senior Deputy Accountant General, for counting the service of the petitioner rendered by him, when the School was under the control of Punjab State Electricity Board, in case communication dated 16th June, 1971, by which the School was transferred to the Education Department of Himachal Pradesh, provides that service rendered, prior to the transfer of the School, by a teacher, is to be considered as qualifying service, for the purpose of pension. This direction be complied with, within one month, from today. Copy of the order shall be supplied dasti to the Assistant Advocate General, who shall ensure that it reaches the aforesaid two respondents by 12th July, 2010. July 9, 2010(sd) ( Surjit Singh ), J