Himachal Pradesh High Court: Ajay Mohan Goel J. allowed the writ petition and rejected the prayer being devoid of merit.
The instant petition was filed by one Yashwant Singh in the nature of mandamus praying the court to direct the respondents to count the entire ad hoc service, rendered by him i.e the petitioner in the instant case, towards the seniority, with all consequential benefits. Ranjana Parmar, Karan Singh Parmar represented the petitioner and Somesh Raj, Dinesh Thakur and Sanjeev Sood represented the respondents.
The Court heard arguments for both sides and keeping in view of the various authoritative judgments on the same point of law held that the tenure rendered by an employee is to be counted for his increment and pension but not while seniority and pay fixation is concerned. In light of the settled law regarding this, the court rejected the prayer and held that the petitioner cannot be granted seniority on the basis of ad hoc/ tenure service rendered by him.
In view of the above, the petition stands dismissed and disposed off. [Yashwant Singh v. State of H.P., 2020 SCC OnLine HP 1311, decided on 27-08-2020]
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