IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 1833 of 2008 Date of decision: 6.9.2011 Kartar Singh …..Petitioner Versus State of H.P. another ….Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting? No. For the petitioner: Mr. Vikas Bhardwaj, Advocate. For the respondents: Mr. Vivek Singh Thakur, Additional Advocate General. _____________________________________________________ Deepak Gupta, J(oral) 1. The petitioner, by means of this petition, has prayed for grant of following reliefs:- “(i) That the respondents are directed to count the service of the applicant with effect from 16.9.1988 to 4.1991, during which period the applicant worked as TGE(Arts),towards pensionary benefits. (ii) That the respondents may further be directed to consider the applicant having being regularized to the post of Principal, for all intents and purposes and with all consequential benefits from the date when the person next junior to the applicant was regularized to the post of Principal.” 2 2. The admitted facts are that the petitioner worked as Trained Graduate Teacher w.e.f. 16.9.1988 to 4.1.1991. He was selected as Lecturer in History (School Cadre) vide memo dated 21.12.1990. He thereafter submitted his resignation on 3.1.1991 in terms of the earlier orders passed by the Department and joined as Lecturer(History) in the same Department on 4.1.1991. His case is squarely covered by sub-rule (2) of Rule 26 of the CCS(Pension) Rules and his resignation shall not entail forfeiture of past service because he has taken up the other appointment in the same Department. Once the appointment has been taken up in the same Department, it is obvious that it is with the approval of the higher authorities. Therefore, his resignation cannot entail forfeiture of his past service for the purpose of grant of pension. 3. The second grievance of the petitioner is that though, he was appointed as Principal on ad hoc basis w.e.f. 20.12.1997 and joined as such on 25.3.1998. His services have not been regularized as Principal, even though, the services of his juniors have been regularized as Principal vide notification dated 20.9.2002. In this regard reference may be made to letter dated 9th March, 2005 issued by the Director of Education, Himachal Pradesh, which reads as follows:- “I have the honour to submit that Shri Kartar Singh while working as Lecturer in Govt. SSS. Daroh (Kangra) was promoted as Principal on 3 adhoc basis vide Govt. notification No. Kha(16)- 9/92-Edu-A-III dated 20.12.1997 and posted as such in Govt. SSS Ginhung Distt. Kinnaur, where he joined on 25.3.1998. The said Principal has requested to regularize his adhoc service as the promotions of his juniors have already been regularized vide Govt. Notification No. EDN-A- Kha(15)17/2001 dated 30.9.2002. It is, therefore, requested that the adhoc promotion of the above Principal may kindly be regularized being a left out case. The representation and other service particulars are also enclosed herewith for favour of sympathetic consideration please. It is also submitted here that no inquiry/vigilance case is pending against the above named Principal.” 4. A perusal of this letter shows that the Department itself has come to the conclusion that the case of the petitioner for regularization was mistakenly left out. Therefore, the respondents are directed to consider the case of the petitioner for regularization from the date of his entitlement and he should be granted regularization with consequential benefits, if otherwise entitled to it. 5. The petition is disposed of accordingly. No costs. September 6, 2011 (Deepak Gupta) (vt) Judge