CWP(T) No. 6551/2008 16.08.2010 Present: Mr. B. C. Negi, Advocate for the petitioner. Mr. R. M. Bisht, Dy. A.G. for the respondents Petitioner has, inter alia prayed for the following relief: “i) That the impugned order dated 31.3.99 (Annexure ‘P-2’) and order dated 12.5.1999 (Annexure ‘P-4’) may kindly be quashed and set-aside and the respondents may kindly be directed to allow the applicant the benefits of services rendered in the office of Notified Area Committee Manali and Deputy Commissioner’s Office, Kullu for the purpose of seniority, time scale etc. from the date the applicant was entitled for time scale with all consequential benefits like arrears and interest thereon etc. etc.”: 2. The facts are short and simple. It is not in dispute that petitioner joined as Clerk with the Forest Department of the State on 1.11.1976. He was posted in the Notified Area Committee, Manali. The department of Octroi was abolished and the surplus staff was adjusted in other departments of the Government. There is no dispute that w.e.f. 25.6.1982, petitioner was adjusted in the office of the Deputy Commissioner, Kullu. 3. On 18.4.1983, the respondents issued a circular which reads as under:- “Copy of letter No.LSG.9-6/82-II dated 3.3.1983 from The Secretary (LSG) to the Government of H.P. to all DCs’ in H.P. & Others. ……….. Subject: ABSORPTION OF OCTROI STAFF OF VARIOUS URBAN LOCAL BODIES IN OTHER GOVERNMENT DEPARTMENT. I am directed to refer to this Department letter of even number dated the 5th April, 1982 and D.O. letter dated the 2nd June and 3rd/5th August, 1982 from the Chief Secretary, H.P. and to say that it has been decided by the Government that cases of all the Octroi employees so absorbed/ are to be absorbed will be regularized as under:- i) The period of service including temporary service rendered by the Octroi employees in various Urban Local Bodies in H.P. prior to abolition of Octroi in the Pradesh w.e.f. 1.4.1982 will be treated as continued service for all purposes except that these employees will not be given the benefit of previous service towards seniority in the respective cadre wherevever absorbed. ii) Prior to the absorption of these employees in various Govt. Departments/Corporate Bodies etc. in Himachal Pradesh, all the surplus employees of Octroi were subscribing to contributory Provident Fund Scheme. Now, the entire amount along with interest as available at the credit of an individual at the time of his absorption in other department etc. will be transferred by the concerned Urban Local Body to that Department/Corporate Body where absorbed, and amount be deposited in newly allotted G.P.F. Account which will entitle him to the pensionary benefits, if admissible. iii) It is again clarified that none of the employees were to be absorbed in a post carrying less than the scale held by his superior to their absorption. It is further clarified that the last pay drawn by these employees will be protected.” 4. Now as per this circular the services of the employees of the Octroi Department were to be regularized and the period of service, including the temporary service rendered in various Urban Local Bodies prior to 1.4.1982 was to be treated as continued service for all purposes except for seniority in the respective cadre wherever absorbed. It appears that on 14.5.1984 a letter was circulated by the Govt. of Himachal Pradesh to all the Deputy Commissioners and pursuant thereto petitioner expressed his willingness to be absorbed as a Clerk in the office of Deputy Commissioner, Bilaspur. The Govt. accepted this offer and petitioner was allowed to join at Bilaspur in terms of order dated 31.3.1998. 5. The respondents have opposed the petition for the reason that upon his transfer and absorption to another department, petitioner lost his seniority. Therefore, for the benefits of time scale, service rendered by him in the office of the Notified Area Committee at Manali was not to be counted for. 6. There is no dispute that insofar as the seniority is concerned benefits of service rendered by the petitioner at Manali cannot be counted. The circular issued by the Govt., as reproduced hereinabove is evidently clear. 7. However with regard to the time scale the opposition to the petition is misconceived. For “all purposes” except otherwise specified, period of service including the temporary service rendered by the Octroi employees in various Urban Local Bodies in Himachal Pradesh, prior to the abolition of the department of Octroi w.e.f. 1.4.1982, was to be treated as a continued service. Hence, petitioner is entitled to the benefits of time scale and the respondents seriously erred in passing the impugned orders dated 31.3.1999 (Annexure ‘P-2’) and 12.5.1999 (Annexure ‘P-4’). Accordingly they are quashed. 8. A direction is issued to the respondents to take all consequential actions within a period of 3 months from the date of receipt of the certified copy of the order. It is clarified that the amounts due, if any, are not disbursed within the aforesaid period, then thereafter petitioner shall be entitled to interest @9% per annum. The petition is disposed of. ( Sanjay Karol ), Judge. August 16, 2010 (rana)