IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 8796 of 2008. Decided on: 30th November, 2010. Sahi Ram. …Petitioner. -Versus- Forest Corporation through its Chairman/Director and others. .…Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1No. __________________________________________________________ For the petitioner. : Mr. P.P. Chauhan, Advocate. For the respondents. : Mr. J.R. Thakur, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner was engaged in the month of January, 1984. It appears that he was dis-engaged and thereafter, he approached this Court against his dis-engagement by way of C.W.P. No. 152 of 1990. The writ petition was disposed of by this Court on 5th June, 1990. It has come in the reply filed by the respondents that the petitioner was re-instated. However, fact of the matter is that the petitioner was again retrenched on 2nd April, 1991. He was re-engaged on 14th September, 1994. In other words, the petitioner was out of service w.e.f. 2nd April, 1991 to 13th September, 1994. The period w.e.f. 2nd April, 1991 to 13th September, 1994 cannot be counted for the purpose of seniority. The judgments cited by the Mr. P.P. Chauhan, learned counsel for the petitioner, i.e. Anand G. Joshi Versus Maharashtra State Financial Corporation and Others, 1995 Supp. (1) Supreme Court Cases 186 and Gurpreet Singh Versus State of Punjab 1 Whether the reporters of the local papers may be allowed to see the judgment? No. - 2 - and Others (2002) 9 Supreme Court Cases 492 are distinguishable. In one case, the termination was set aside and in other case, the Court had already directed that “his absence will not be treated as break in service for any purpose whatsoever except the claim for back wages.” 2. However, it has come on the record that the petitioner had been working continuously w.e.f. 14th November, 1994 and had completed 240 days in each calendar year. Mr. P.P. Chauhan, learned counsel for the petitioner has submitted at the Bar that his client is still working with the respondent-department. 3. Consequently, the petition is disposed of with a direction to the respondents to consider the case of petitioner for regularization immediately after completion of ten years service w.e.f. 14th September, 1994. He shall be allowed all the consequential benefits followed by his regularization. No costs. (Rajiv Sharma) Judge November 30, 2010. (bhupender) - 3 -