Himachal Pradesh High Court
Decided On: 03.07.2024 vs State Of Himachal Pradesh And Others on 3 July, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2024:HHC:4407
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
CWP No. 7445 of 2023
Decided on: 03.07.2024
Tek Chand ... Petitioner
Versus
State of Himachal Pradesh and others ... Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
___________________________________________________________________
For the petitioner r: Mr. Munish Datwalia, Advocate.
For the respondents : Mr. Rahul Thakur, Deputy AG.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has primarily prayed for the following reliefs:-
"A. That the benefit of the Babu ram judgment (Annexure P-7) decided on 09-05-2022 may kindly be extended to the present petitioner.
B. That the writ petition may kindly be allowed and the respondents may kindly be directed to grant the benefit of approved military service towards fixation of pay in favour of the petitioners as from the date of their joining civil employment as per Un-amended Rule 5(1) of the Demobilised Armed Forces personal (Reservation of Vacancies in the Himachal Pradesh State Non- Technical Services).
C. The respondents also directed to release the entire emoluments/arrears in favour of petitioner by 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 04/07/2024 20:30:39 :::CIS 2
.
counting the entire approved military service towards fixation of pay till the same is not paid. D. That the Hon'ble Court may kindly be declare that the impugned notification and communication dated 2901.2018 and 30.01.2018 are not in retrospective in nature."
2. When the matter was taken up for consideration today, learned counsel appearing for the petitioner submitted that the issue raised in this petition is squarely covered by the judgments of this Court, including the judgments of Hon'ble Division Benches in Letters Patent Appeals as well as the judgment of the Hon'ble Coordinate Bench of this Court in CWP No.3126 of 2021, titled as Mukesh Thakur and another versus State of Himachal Pradesh and another, decided on 01.12.2023 and other connected matters.
Accordingly, he submitted that it would be in the interest of justice, in case, this petition be disposed of with the observation that the directions passed therein shall mutatis mutandi be treated to have been passed in this petition also.
3. Learned Deputy Advocate General has submitted that they have filed a Special Leave Petition against the judgment passed by the Hon'ble Division Bench of this Court in case titled as Babu Ram versus State of Himachal Pradesh and others, in which, notices stand issued on the application filed for condonation of delay as well ::: Downloaded on - 04/07/2024 20:30:39 :::CIS 3 .
as in the Special Leave Petition.
4. A perusal of the judgment passed by the Hon'ble Coordinate Bench of this Court demonstrates that this fact has been taken into consideration by the Hon'ble Coordinate Bench and it has been held that the compliance of the directions passed therein will be subject to the outcome of the Special Leave Petition preferred by the State before the Hon'ble Supreme Court.
5. Accordingly, this petition is disposed of by observing that the directions passed in CWP No.3126 of 2023 shall mutatis mutandi apply in the present case and shall be deemed to have been passed in this case also. Let the benefits of approved military service towards fixation of pay be granted to the petitioner from the date of his joining the civil employment within a period of 90 days from today. If the emoluments are not paid within the said period, the State shall be liable to pay simple interest @ 6% per annum on the amount due to the petitioner as from the date of joining. Pending miscellaneous applications, if any, also stand disposed of.
(Ajay Mohan Goel) Judge July 03, 2024 (narender) ::: Downloaded on - 04/07/2024 20:30:39 :::CIS