IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8744 of 2023 Decided on: 17th March, 2025 ------------------------------------------------------------------------------------- Pitambari Devi …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Yogesh Kumar Chandel, Advocate. For the Respondents: Ms. Leena Guleria, Deputy Advocate General, for respondents No.1 to 3. None for respondent No.4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Respondents have filed the reply. With the consent of learned counsel for the parties, the matter is heard at this stage. 2. The writ petition has been filed for the grant of following substantive relief:- “i) That the writ in the nature of mandamus may kindly be issued to the respondent department to count 5 years contract service before regularization as JBT for the purpose of annual increment and pension. It is further prayed that by doing so the petitioner may kindly be paid pension as per CCS Pension Rules-1972 from the 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 date of retirement i.e. 31-03-2012 along with interest at market rate on arrears of the pension.” 3. Learned counsel for the petitioner submits that he is under instructions to press for grant of relief only qua release of pension to the petitioner after taking into consideration the contractual service rendered by the petitioner before her regularization as Junior Basic Teacher. Learned counsel further submits that for the remaining relief, petitioner be reserved liberty to seek appropriate remedy in accordance with law at an appropriate stage after incorporating proper pleadings in that regard. Prayer is accepted. This petition is heard only for the purpose of petitioner’s prayer for counting contractual service rendered by her before regularization as Junior Basic Teacher for the purpose of grant of pension under the Central Civil Services (Pension) Rules, 1972. 4. Learned counsel for the petitioner submits that petitioner’s claim for pension after taking into consideration her contractual service is covered in light of the decision rendered in Kauran Devi & others Versus State of Himachal Pradesh & others2. Learned counsel also 2 CWPOA No.2772 of 2020, decided alongwith connected matters on 22.09.2023 3 submits that the aforesaid decision in Kauran Devi2 has been implemented by the respondents. The contractual service rendered by the petitioners therein has been counted by the respondents for the purpose of pensionary benefits. To this an effect, judgment passed in Kauran Devi and another Versus State of Himachal Pradesh and others3 has been placed on record. Learned counsel further submits that the petitioner would be content in case the respondents are directed to examine her case in light of the aforesaid judgment within a fixed time schedule. Learned Deputy Advocate General is not averse to this prayer. 5. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with a direction to the respondents/ competent authority to consider and decide the case of the petitioner in accordance with law as well as taking into consideration the above judgments by passing an appropriate order, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner. 3 Ex. Pet.(T) No.141 of 2024, decided on 12.03.2025 4 The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua March 17, 2025 Judge Mukesh