IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA LPA No.172 of 2010. Date of decision: 24.02.2011. ------------------------------------------------- State of Himachal Pradesh & others Appellants. . Versus Gurdev Singh . Respondent. Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, J. Whether approved for reporting? For the appellants : Mr. R.K.Bawa, Advocate General with Mr. Ankush Dass Addl. A.G. & Mr. J.K.Verma, Deputy Advocate General. For the respondent: Mr. I.D.Bali, Advocate with Mr. K.G.Sharma, Advocate. ________________________________________________________ Justice Kurian Joseph,C.J.(Oral): The State has come up in appeal feeling aggrieved by the judgment dated 08.03.2010 in C.W.P.(T) No. 11738 of 2008. Even according to the State, the petitioner had initially been engaged on daily wage basis on 01.01.1985 as Chowkidar and continued as such till 09.03.1989. 2. It is the case of the State that the petitioner absented himself from duty from 10.03.1989 to 08.10.1990. During this period, neither any application for leave was submitted by the petitioner nor was there any justifiable reason for his absence. However, it is the contention of the writ petitioner that having been involved in a false criminal case, he was in judicial custody during the said period and 2 the case having been ended in acquittal, the petitioner had turned up for work. The learned single Judge has made it clear that the period of absence i.e. 10.03.1989 to 08.10.1990 shall be treated as qualifying service for all purposes. We make it clear that the period that is to be treated as qualifying service shall only be the period, the petitioner produces the evidence that he was under judicial custody. The period between his date for reporting for duty after acquittal till actual date of engagement shall also be treated as qualifying service. The judgment is modified to the above extent and the LPA is disposed of accordingly. Copy dasti. (Justice Kurian Joseph) Chief Justice 24th February, 2011 ( Justice V.K. Ahuja ), (SDS/krt) Judge