Sh. Naresh Kumar vs H. P. State Electricity Board Ltd.
2022 Latest Caselaw 23 HP

             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.23 OF 2022
               Between:-





                 SH. NARESH KUMAR S/O SH. MITTER DEV, AGED 46
                 YEARS, R/O VILLAGE SAPLED, P.O. GOHAR, TEHSIL
                 CHACHYOT, DISTRICT MANDI, (HP) PRESENTLY WORKING
                 AS JOA (IT) IN OFFICE OF MS, ZONAL HOSPITAL MANDI,
                 DISTRICT MANDI, HIMACHAL PRADESH





                                                     ...PETITIONER

                 (BY MR. ONKAR JAIRATH, ADVOCATE)

                 AND

                 1.           STATE OF HIMACHAL PRADESH THROUGH ITS

                              SECRETARY (HEALTH) TO THE GOVERNMENT OF
                              HIMACHAL PRADESH

                 2.           THE DIRECTOR OF HEALTH AND FAMILY WELFARE,
                              SWASTHYA BHAWAN, BLOCK 6, SDA COMPLEX,


                              KASUMPTI, SHIMLA, HIMACHALPRADESH-171 009

                                                                                                ...RESPONDENTS




                 (BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE
                 GENERAL).





                 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. Ajay Vaidya, learned Senior Additional

Advocate General, appears and waives 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

Whether reporters of Local Papers may be allowed to see the judgment ? Yes.

issued to the respondents directing them to grant the benefit of approved military service towards fixation of 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 that 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)