Sh. Rajinder Kumar vs "18. Accordingly
2021 Latest Caselaw 5493 HP

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    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
            ON THE 29th DAY OF NOVEMBER, 2021
                            BEFORE
          HON'BLE MR. JUSTICE MOHAMMAD RAFIQ




                                                           .
                         CHIEF JUSTICE





                               &
                 HON'BLE MS. JUSTICE SABINA





               CIVIL WRIT PETITION No.7455 of 2021

         Between:-





         SH. RAJINDER KUMAR,
         SON OF LATE SH. MILKHI RAM,
         AGED 55 YEARS,
         RESIDENT OF VILLAGE REORI,

         P.O. JALARI, TEHSIL NADAUN,

         DISTRICT HAMIRPUR (HP),
         PRESENTLY WORKING AS
         DRIVER IN HP EX-SERVICEMEN
         CORPORATION, HAMIRPUR,


         DISTRICT HAMIRPUR,
         HIMACHAL PRADESH.                            ....PETITIONER

         (BY MR. SHUBHAM SOOD,




         ADVOCATE)





         AND

    1.   HIMACHAL PRADESH EX-





         SERVICEMEN CORPORATION,
         HAMIRPUR,
         DISTRICT HAMIRPUR,
         HIMACHAL PRADESH,
         THROUGH ITS CHAIRMAN-CUM-
         MANAGING DIRECTOR.
    2.   THE SECRETARY, HIMACHAL
         PRADESH EX-SERVICEMEN
         CORPORATION, HAMIRPUR,                  ....RESPONDENTS
         DISTRICT HAMIRPUR,
         HIMACHAL PRADESH .




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        (BY MR. MUKUL SOOD,
        ADVOCATE)
    ______________________________________________________

                  This Civil Writ Petition coming on for admission this




                                                                 .

    day, Hon'ble Mr. Justice Mohammad Rafiq, passed the
    following:





                               ORDER

This writ petition has been filed by petitioner Rajinder

Kumar, who is working as Driver with Himachal Pradesh

Ex-Servicemen Corporation, Hamirpur, District Hamirpur. Having

been engaged as such against the quota of Ex-servicemen, the

petitioner has approached this Court with a prayer that the

respondents may be directed to grant him the benefit of approved

military service towards fixation of pay from the date of his joining

civil employment and also release all consequential benefits,

together with interest at the rate of 6% per annum. In the

alternate, it is prayed that the Notification dated 29.01.2018 may

be read down to the extent it denies the benefit of fixation of pay

to the petitioner for the approved military service rendered by him

in the armed forces since he became eligible for the benefit of

counting of past approved military service for the purpose of pay

fixation in civil employment under Rule 5(1) prior to the

instructions dated 29.01.2019 as well as clarification dated

25.02.2019.

2. Learned counsel for the petitioner, during the course

of the arguments, invited our attention towards the judgment

dated 15.07.2020, passed by the Single Bench of this Court in

.

CWPOA No.231 of 2019, titled Sh. Amar Nath and others

versus State of Himachal Pradesh and others, alongwith

connected CWPOA No.237 of 2019, wherein the following

direction has been issued:-

"18. Accordingly, these writ petitions are allowed and the respondents are 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. It is ordered that actual benefit shall be conferred upon the petitioners. In case entire emoluments are being paid to them within

a period of 90 days from today, the State shall not be liable to pay any interest on the amount, as may be

due to the petitioners, but in the event the

emoluments not being paid within a period of 90 days from today, the State shall also pay simple interest @

6% per annum on the due amount to each of the petitioner, as from the date of judgment."

3. Having regard to the submissions made but without

going into the merits of the case, we dispose of the present writ

petition requiring the petitioner to approach respondent No.2,

Secretary, Himachal Pradesh Ex-Servicemen Corporation,

Hamirpur, District Hamirpur, by means of a comprehensive

representation, enclosing therewith a copy of aforesaid judgment

dated 15.07.2020, highlighting his grievances. Respondent No.2

.

shall consider and decide the representation of the petitioner by

passing a reasoned and speaking order, within a period of six

weeks from the date of submitting the representation by him,

alongwith a copy of this judgment. Pending miscellaneous

application(s), if any, shall also stand disposed of.

                                                   ( Mohammad Rafiq )
                                                      Chief Justice



                                                       ( Sabina )




          November 29, 2021                              Judge
             (Yashwant)