IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3717 of 2010. Decided on: 10.11.2010 P.R. Nottey …. Petitioner Versus State of H.P. & others ….. Respondents Coram: The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr.Justice V.K.Ahuja, Judge For the petitioner: Mr. Adarsh K. Vashist, Advocate. For respondents No.1 to 3: Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G. Justice Kurian Joseph, C.J.(Oral) The petitioner approached this Court seeking the benefit of seniority counting the service rendered by him under the Customs and Central Excise Department. According to the petitioner, while serving in the Customs and Central Excise Department, he was permitted to apply for the post of TGT under the Department of Education in the State Government. He was selected and pursuant to the selection, he was duly relieved by the Customs and Central Excise Department so as to enable him to join the Education Department. According to the petitioner, the service rendered by him in the Customs and Central Excise Department is liable to be counted for the purpose of seniority, increments and pension. 2. Learned Advocate General, while inviting reference to the reply filed by the respondents, submits that there is no provision under the Rules to count the service rendered by an incumbent in a different service for the purpose of seniority. There is settled position under the law as also clarified 2 in the reply that the benefit of service rendered by the petitioner in the Customs and Central Excise Department cannot be counted for the purpose of seniority. However, it is submitted that the service of the petitioner can be counted for the purpose of pensionary benefits, if not already counted. According to the petitioner, any service that is counted for the purpose of pension as qualifying service, is liable to be counted for the purpose of increments as well. It is not clear from the reply as to whether the service, which is permitted to be counted as qualifying service for the purpose of pension is counted for the purpose of increments as well. 3. Therefore, this writ petition is disposed directing the respondents to count the service rendered by the petitioner in the Customs and Central Excise Department, in terms of the reply, as qualifying service for the purpose of pension. As far as the grievance of the petitioner regarding increments/protection of salary is concerned, in case the petitioner still has any surviving grievance, it will be open to him to file an appropriate representation before the first respondent, since according to the petitioner, any service counted as qualifying service for the purpose of pension is liable to be counted for the purpose of increments. In the event of such representation being filed before the first respondent within a period of one month from today, the matter shall be duly considered by the first respondent and appropriate orders, in the 3 matter, shall be passed within another four months. In case the petitioner seeks opportunity of personal hearing, the same shall also be granted. 4. The writ petition is disposed of, so also the pending application(s), if any. Dasti copy. ( Justice Kurian Joseph) Chief Justice. November 10, 2010 (Justice V.K.Ahuja) (tilak/vt) Judge