IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) 13722 of 2008. Date of decision: 7.3.2011 Jagdish Chand … Petitioner. Versus State of HP& Others. …Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. M.C. Verma, Advocate. For the respondents : Mr. Vivek Singh Thakur, Addl. Advocate General. Deepak Gupta, J. (oral) The short question involved in this petition is, whether the petitioner is entitled to have the service rendered w.e.f. 11.3.1981 to be taken into consideration for the purpose of counting 10 years period for grant of Special JBT certificate. It is not disputed that the petitioner joined service on adhoc basis against a post meant for JBT teachers on 11.3.1981. He continued to work on this post upto June, 1985 and a fictional break was given every 90th day. Thereafter no fictional break was given in view of the judgment rendered by this Court in CWP No 372 of 1985, decided on 4.3.1986. 2. The respondents-State also took a decision that C&V teachers who were working as JBTs or Language teachers would be granted Special JBT certificate on completion of 10 years service, so that they could be regularized against the vacant posts 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. : 2 : of JBT teachers. The petitioner was in fact regularized w.e.f. 11.3.1991 after taking into account his 10 years service, but thereafter this order was withdrawn and he has now been given JBT certificate only w.e.f. 1.6.1995 on the ground that the service rendered from 11.3.1981 to 1.6.1985 was not continuous service, since fictional breaks were given to him. 3. Even from the stand of the State it is apparent that the breaks being given to the petitioner on the 90th day were totally fictional breaks and otherwise he worked continuously for all intents and purposes from 11.3.1981 to 1.6.1985. Therefore, I find no reason why the service rendered for 89 days with one day's break and then continued for 89 days should not be taken into consideration. 4. In view of the above discussion, the petition is allowed and the petitioner shall be deemed to be in continuous service w.e.f. 11.3.1981 and therefore be given the Special JBT certificate w.e.f. 11.3.1991 with all consequential benefits. All consequential benefits due and payable be given to the petitioner on or before 31.7.2011, failing which the respondents-State shall be liable to pay interest @ 9% per annum from the date the amount fell due. The petition is disposed of in the aforesaid terms. No costs. ( Deepak Gupta ) Judge. 7th March, 2011. (guleria)