IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 3rd DAY OF JANUARY, 2022
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE
.
&
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
CIVIL WRIT PETITION NO.22 OF 2022
Between:-
SH. JOGINDER PAL S/O LATE SH. AMAR SINGH, AGED 45
YEARS, R/O VILLAGE BHERI, P.O. SAJAO PIPLU, TEHSIL
DHARAMPUR, DISTRICT MANDI, (HP) PRESENTLY
WORKING AS JOA (IT) IN ELECTRICAL SUB-DIVISION
BHAMBLA, DISTRICT MANDI, HIMACHAL PRADESH
...PETITIONER
(BY MR. ONKAR JAIRATH, ADVOCATE)
AND
1. HIMACHAL PRADESH STATE ELECTRICITY BOARD
LIMITED THROUGH ITS EXECUTIVE DIRECTOR
(PERSONNEL) KUMAR HOUSE, VIDYUT BHAWAN,
SHIMLA, HIMACHAL PRADESH-171004.
2. THE ASSISTANT ENGINEER, ELECTRICAL SUB-DIVISION
BHAMBLA, DISTRICT MANDI, HIMACHAL PRADESH.
...RESPONDENTS
(BY MR. ANIL KUMAR GOD, ADVOCATE)
1
WHETHER APPROVED FOR REPORTING?
This petition coming on for admission before notice this day,
Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the following :
ORDER
Notice. Mr. Anil Kumar God, Advocate, appears and waive service of notice on behalf of the respondents.
2. The instant petition has been filed for the grant of following reliefs:
i) That a writ in the nature of mandamus of any other appropriate writ, order of direction may kindly be issued to the respondents directing them to grant the benefit of approved military service towards fixation of 1 Whether reporters of Local Papers may be allowed to see the judgment ? Yes.::: Downloaded on - 31/01/2022 23:32:17 :::CIS 2
pay in favour of the petitioner from the date of his joining civil employment.
ii) That the respondents may be directed to release all consequential benefits such as arrears etc. in .
favour of the petitioner alongwith interest @ 6% p.a."
3. Learned counsel for the petitioner states the relief sought in this petition, is squarely covered by the judgment of a Division Bench of this Court in CWP No. 4654 of 2013, titled as Avtar Singh Dyal vs. H. P. State Electricity Board Ltd., that in turn, has been followed by various Single Benches of this Court. Copy of one such judgment has been annexed with the petition as, Annexure P-6.
4. Since, the respondents have not taken call for this, therefore, we deem it proper to dispose of this petition by directing the respondents to consider the claim of the petitioner in accordance with the judgment aforesaid and, in case, the petitioner is found to be covered by the aforesaid judgment, the same and similar benefits be extended to him.
5. The petition stands disposed of in the aforesaid terms, so also pending applications, if any.
( Tarlok Singh Chauhan) Judge ( Chander Bhusan Barowalia ) Judge 3rd January, 2022 (CS) ::: Downloaded on - 31/01/2022 23:32:17 :::CIS