IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C.W.P No: 528 of 2010 Decided on : 11th March, 2010 Ranbir Singh ….Petitioner VERSUS State of HP and another …Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioner: Ms. Archana Dutt, Advocate For the Respondents: Mr. R.K. Sharma, Sr. Addl. AG, with Mr. J.K. Verma, Deputy Advocate General. Justice Kurian Joseph, C.J. (Oral) The petitioner has filed this writ petition with the following prayer: (1) 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 as per the law settled by this Hon’ble Court in CWP (T) No. 7712 of 2008, decided on 19.5.2009. (2) That the decision taken by the respondent No.2 vide Annexure P-9 dated 30.10.2008 may kindly be quashed and set aside. -2- (3) That the respondents may be directed to grant the benefit of ad hoc period service of the petitioner for the purpose of fixation of his seniority. It is true that by Annexure P-9, the respondents have rejected the representation, but apparently, the question whether the petitioner is also similarly situated as the person covered by Annexure P-10 judgment, has not been considered. In case the petitioner is similarly situated as the person covered by Annexure P- 10 judgment in CWP(T) No. 7712 of 2008, the petitioner cannot be discriminated. Therefore, this writ petition is disposed of with a direction to the second respondent to consider Annexure P-11 (representation) and see whether the petitioner is similarly situated as the petitioner covered by the judgment, referred to above and in case the petitioner is also similarly situated, he shall not be discriminated and he shall be given the same treatment. The needful in that regard shall be done within one month on production of the copy of this order alongwith the copy of the writ petition to the second respondent. ( Justice Kurian Joseph ), Chief Justice March 11, 2010(sl/s) ( Justice R.B. Misra ), Judge