Dharmesh Sharma vs State Of Hp & Another
2024 Latest Caselaw 13275 HP

Himachal Pradesh High Court

Dharmesh Sharma vs State Of Hp & Another on 6 September, 2024

       IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                CWP No. 1228 of 2024
                                                Date of Decision: 06.09.2024




                                                                                 .

     Dharmesh Sharma                                                 .....Petitioner.
                                        Versus

    State of HP & another                                           .....Respondents.





    Coram
    Hon'ble Mr. Justice Bipin Chander Negi, Judge.
    Whether approved for reporting?1





    For the petitioners:               Mr. Ramesh Kaundal, Advocate.
    For the respondents:               Mr. R.K.Negi, Additional Advocate
                                       General.

    Bipin Chander Negi, Judge (oral)

I have heard learned counsel for the parties and perused the

pleadings. The sole contention of the petitioner, in the case at hand, is

with respect to the seeking benefits of approved Military Services

towards fixation of pay.

2. The issue is no longer res integra in terms of judgment passed

in Avtar Singh Dyal Vs. H.P. State electricity Board Ltd. CWP No.

4654 of 2013 and connected matters, decided on 26.11.2014, wherein

Ex-servicemen have been held to be entitled for grant of benefits of

counting of approved military service, towards fixation of pay.

3. Other than the aforesaid, in Avtar Singh's case, it has further

been held that the right of Ex-servicemen to avail benefits of counting

approved military service towards fixation of pay in terms of sub-rule

(1) of Rule 5 of Demobilized Armed Forces Personnel (Reservation of

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

Vacancies in the Himachal State Non- Technical Services) Rules,

1972 (here-in-after for purpose of brevity called "the rules") cannot be

.

denied/defeated even if an Ex-serviceman had not joined the Armed

Forces during emergency.

4. Vide Notification dated 29.01.2018, an amendment was carried

out in sub-Rule (1) of Rule 5 of the rules. In this respect, it would be

refer to judgment passed in CWP No. 6443 of 2021, titled Babu Ram

vs. State of H.P. & others, decided on 09.05.2022, wherein, it has

been categorically held that provision of grant of benefits of approved

military service for fixation of pay were in vogue even in the 1972

Rules and the same has not been altered/ amended even by the

aforesaid amendment carried out.

5. Consequently, in view of the abovesaid, I find merit in the writ

petition and accordingly the same is allowed. Accordingly, rejection

letters i.e. Annexures P9 & P16 are quashed and the respondents are

directed to give benefit of approved military service to the ex-

servicemen towards fixation of pay, from the time, they joined the civil

employment, ignoring amendment carried out in provision of rule 5(1)

of the 1972 rules which otherwise can be said to have come into

operation from the date of Notification dated 29.1.2018.

6. Petition is allowed in the aforesaid terms, so also, pending

miscellaneous application(s), if any.

(Bipin Chander Negi) Judge

September 06, 2024 (Nisha)