IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 5831 of 2010. Decided on: 16th December, 2010. Narbada Devi. …Petitioner. Versus State of H.P. & others. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting? Yes. For the petitioner : Mr. Tek Chand Sharma, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, Dy. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayer: “(i) That the respondents may kindly be directed to count the ad hoc/tenure services of the petitioner rendered as JBT from 23rd Oct., 86 to 4th Oct.,93 towards qualifying service for the purpose of pension, retiral and other consequential benefits which may kindly be ordered to be released with interest in a time bound manner.” 2. According to the petitioner, she had rendered service as a JBT on ad hoc/tenure basis between 23rd October, 1986 to 4th October, 1993 and it was followed by regular service. It is submitted that during the said period of October, 1986 to October, 1993, the petitioner had been given increments in the scale. The grievance, however, is that the period 2 counted for increments is not counted for the purpose of pension. Therefore, the question is whether the service counted for the purpose of increments can be counted for the purpose of pension. Qualifying service is defined under Rule 3(1)(q) of the CCS (Pension) Rules, 1972, which reads as follows: “(q) ‘Qualifying Service’ means service rendered while on duty or otherwise which shall be taken into account for the purpose of pensions and gratuities admissible under these rules.” 3. Rule 13 of the Rules provides for the commencement of the qualifying service, which reads as follows: “13. Commencement of qualifying service Subject to the provisions of these rules, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity: Provided that officiating or temporary service is followed without interruption by substantive appointment in the same or another service or post: Provided further that- (a) in the case of a Government servant in a Group ‘D’ service or post who held a lien or a suspended lien on a permanent pensionable post prior to the 17th April, 1950, service rendered before attaining the age of sixteen years shall not count for any purpose, and (b) in the case of a Government servant not covered by Clause (a), service rendered before attaining the age of eighteen years shall not count, except for compensation gratuity. 3 (c) The provisions of Clause (b) shall not be applicable in the cases of counting of military service for civil pension under Rule 19.” 4. On a conjoint reading of Rules, the emerging and clear position is that the service rendered by an employee in an officiating or temporary capacity followed without interruption by substantive appointment in the same or another service or post, shall be counted for the purpose of pension. The petitioner has been granted increments, under this provision only. An employee appointed in temporary or officiating service and put on the scale attached to the post and having been granted increments in the scale and in case that appointment is followed by a regular appointment in the post without break is entitled to count the period as qualifying service for the purpose of pension. 5. In the case of the petitioner, it is seen from Annexure P-1, order of appointment that the petitioner has been appointed on tenure basis in the grade of ` 480-880 with the basic pay of ` 480/-. It is also submitted that being a running grade, the petitioner has been granted increments also. If the petitioner has been granted increments in the running grade pursuant to Annexure P-1, appointment order, for the said period from 1986 to 1993, there is no justification in not counting the said period as qualifying service for the purpose of pension. 6. There will be a direction to the second respondent to do the needful in the light of what is held above within a 4 period of three months from the date of production of a copy of this judgment by the petitioner. The consequential benefits to which the petitioner if found eligible shall also be disbursed to her within another one month. 7. The writ petition is disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice. 16th December, 2010. (Justice V.K. Sharma), (tr) Judge. 5