STATE OF HIMACHAL PRADESH versus SHRI J. L. SHARMA AND ANR.

STATE OF HIMACHAL PRADESH versus SHRI J. L. SHARMA AND ANR.

Training period of direct recruits, as statutorily declared 'in service' by the amended rules, must be counted for determining seniority, provided training is successfully completed and followed by absorption in Class II Forest Service.

Parties
Appellant: STATE OF HIMACHAL PRADESH; Respondents: SHRI J.L. SHARMA AND ANR.
Jurisdiction
India
Judgment Date
18 November 1997
Procedural Posture
Civil Appeal / Appeal From Himachal Pradesh Administrative Tribunal Judgment in O.a. No. 109 of 1987
Outcome
Appeal allowed
Legal Topics
Seniority, Direct Recruitment, Training Period, Interpretation of Service Rules
Service Law Seniority Direct Recruitment Training Period Interpretation of Service Rules

Case Brief

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Parties

STATE OF HIMACHAL PRADESH

Appellant

SHRI J.L. SHARMA AND ANR.

Respondents

Procedural Posture

Civil Appeal / Appeal From Himachal Pradesh Administrative Tribunal Judgment in O.a. No. 109 of 1987

Legal Issues

  1. 1 Whether the training period of direct recruits should be counted for seniority in service

Ratio Decidendi

Training period of direct recruits, as statutorily declared 'in service' by the amended rules, must be counted for determining seniority, provided training is successfully completed and followed by absorption in Class II Forest Service.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order of Tribunal set aside
  • O.A. No. 109 of 1987 dismissed