Sh. Balwant Singh vs H. P. State Electricity Board Ltd.
2022 Latest Caselaw 40 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.20 OF 2022
               Between:-





                 SH. BALWANT SINGH S/O SH. RAGHUNATH SINGH, AGED
                 42 YEARS, R/O VILLAGE KOTLA, POST OFFICE GOPALPUR,
                 TEHSIL SARKAGHAT, DISTRICT MANDI (HP) PRESENTLY
                 WORKING AS JOA (IT) IN THE OFFICE OF BEEO GOPALPUR-
                 II AT BHAMBLA, DISTRICT MANDI, HIMACHAL PRADESH





                                                                                                ...PETITIONER

                 (BY MR. ONKAR JAIRATH, ADVOCATE)

                 AND


                 1.           STATE OF HIMACHAL PRADESH THROUGH ITS
                              ADDITIONAL CHIEF SECRETARY (EDUCATION) TO THE
                              GOVERNMENT OF HIMACHAL PRADESH

                 2.           THE DIRECTOR OF HIGHER EDUCATION, LALPANI,


                              SHIMLA-171 001.

                                                                                                ...RESPONDENTS




                 (BY MR. ASHOK SHARMA, ADVOCATE GENERAL, MR.
                 RAJINDER DOGRA, SR. ADDITIONAL ADVOCATE GENERAL,





                 MR. VINOD THAKUR AND MR. SHIV PAL MANHANS,
                 ADDITIONAL ADVOCATES 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. Vinod Thakur, learned Additional Advocate

General, appears and waives service of notice on behalf of the

respondents-State.

2. The instant petition has been filed for the grant of

following reliefs:

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

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 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)