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
Whether reporters of the local papers may be allowed to see the judgment?
.
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
.
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)
