Himachal Pradesh High Court
Government Medical College vs H.P. State on 22 December, 2021
Bench: Mohammad Rafiq, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 22nd DAY OF DECEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.7673 of 2021
Between:-
SH. KUSHAL KUMAR,
S/O LATE SH. MOHAN SINGH,
AGED 51 YEARS,
R/O VILLAGE TAWAMBRA, P.O
TALYARH, TEHSIL SADAR,
DISTRICT MANDI (HP),
PRESENTLY WORKING AS
JOA (IT) AT DR. RAJENDER PRASAD
GOVERNMENT MEDICAL COLLEGE,
TANDA, DISTRICT KANGRA,
HIMACHAL PRADESH
......PETITIONER
(BY MR. ONKAR JAIRATH, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH,
THROUGH THE SECRETARY
(HEALTH) TO THE GOVERNMENT
OF HIMACHAL PRADESH
2. THE DIRECTOR OF HEALTH SERVICES,
BLOCK NO.5, SDA COMPLEX,
KASUMPTI, SHIMLA-171009,
HIMACHAL PRADESH
......RESPONDENTS
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2
(BY MS. RITTA GOSWAMI,
ADDITIONAL ADVOCATE GENERAL)
.
This petition coming on for admission this day,
Hon'ble Mr. Justice Mohammad Rafiq, passed the following:
ORDER
This petition has been filed by Sh. Kushal Kumar, who,
on first civil employment, has been posted as JOA (IT) at
Dr. Rajender Prasad Government Medical College, Tanda, District
Kangra, Himachal Pradesh, where, he is presently working as such.
2. The grievance of the petitioner is that the respondents
have not granted him the benefit of approved military service
towards fixation of pay from the date of his joining first civil
employment ignoring the question of educational qualifications, as
this issue has also been decided against the respondents by a
Division Bench of this Court, vide judgment dated 26.11.2014 in
CWP No.4654 of 2013, titled as Avtar Singh Dyal Vs. H.P. State
Electricity Board Ltd. and the connected matter, which has
further been followed by a Single Bench of this Court in CWPOA
No.231 of 2019, titled as Sh. Amar Nath and others Vs. State of
Himachal Pradesh and others and the connected matter,
decided on 15.07.2020.
3. Having regard to the limited submissions and without
going into the merits of the case, we dispose of the writ petition
requiring the petitioner to approach respondent No.2-the Director of
.
Health Services, Himachal Pradesh, by means of a comprehensive
representation alongwith copies of aforementioned judgments, who
shall examine the case of the petitioner and if it is found to be
identical to those of the writ petitioners in CWP No.4654 of 2013 and
the connected matter and CWPOA No.231 of 2019 and the
connected matter, either extend the same benefit to the petitioner, as
has been granted by this Court in the aforesaid judgments or shall
otherwise decide the representation by a speaking order within three
months from the date of submission of a copy of this judgment.
4. The pending miscellaneous application(s), if any, shall
also stand disposed of.
(Mohammad Rafiq)
Chief Justice
(Jyotsna Rewal Dua)
December 22, 2021 Judge
(Bhardwaj)
