Himachal Pradesh High Court
Rajender Singh vs Himachal Road Transport Corporation on 2 July, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.10536 of 2025
Decided on: 2nd July, 2025
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Rajender Singh .....Petitioner
.
Versus
Himachal Road Transport Corporation
and others .....Respondents
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Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting? 1
For the Petitioner: r Mr. Arun Rana, Advocate.
For the Respondents: Mr. Deepak Sharma, Advocate.
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Jyotsna Rewal Dua, Judge
Notice. Mr. Deepak Sharma, learned Standing
Counsel, appears and waives service of notice on behalf of
the respondents.
2. Petitioner is a retired army personnel. He had
retired from Indian Army on 31.10.2013. Thereafter, he
joined civil employment on 06.09.2017 with the
respondent-Corporation as Transport Multi Purpose
Assistant (TMPA) against the vacancy reserved for
Ex-serviceman. His services were regularized on 09.07.2021
on the post of Conductor after completion of three years of
Whether reporters of print and electronic media may be allowed to see the order? Yes.
contractual service as TMPA. Consequent upon
regularization of petitioner's services, the respondents on
18.04.2022, re-fixed his pay w.e.f. 09.07.2021 by giving the
benefit of approved military service under the Demobilized
.
Armed Forces Personnel (Reservation of Vacancies in the
Himachal State Non-Technical Services) Rules, 1972.
3. Petitioner's grievance is to the office
communications dated 25.03.2025 and 25.06.2025,
whereby the respondents have sought to re-fix petitioner's
pay by withdrawing the benefit of services rendered by him
in Indian Army on the ground of his not possessing
requisite qualification at the time of his civil employment.
Petitioner feels aggrieved against the said decision and has
instituted this writ petition for the grant of following
substantive reliefs:-
"(i) That the impugned office order dated 25.03.2025 and
25.06.2025 passed by the respondent No.2 & 3 may
kindly be held illegal and arbitrary and the same may
kindly be quashed and set aside in view of the
judgment passed by the Hon'ble High Court in CWP
No.11982 of 2024 titled as Dilbag Singh Vs HRTC &
others.
(ii) That the Writ in the nature of Mandamus may kindly be
issued, directing the respondents to allow the petitioner
to continue to draw his pay in pursuance of vide office
order dated 18.04.2022 passed by the respondents
respectively and not reduced the pay of the petitioner in
any case and also not affect any recovery from the pay
of the petitioner and if recovered then recovered amount
be released in the favour of the petitioner in the interest
of justice."
4. Learned counsel for the petitioner submitted
that the case of the petitioner is squarely covered by the
decision rendered in Dilbag Singh Versus HRTC & Ors.2.
The above submission is accepted by learned counsel for
.
the respondents.
5. In view of above position and the submissions
made by learned counsel for the parties, this writ petition is
disposed of by ordering that before taking any further
action in the matter, the respondents shall take into
consideration the aforesaid decision rendered in Dilbag
Singh2 and will act accordingly.
The writ petition stands disposed of in the above
terms, so also the pending miscellaneous application(s), if
any.
Jyotsna Rewal Dua
July 02, 2025 Judge
Mukesh
CWP No.11982/2024, decided on 28.04.2025
