Ghanshyam Singh vs State Of Himachal Pradesh And Others

Tarlok Singh Chauhan, J

Issue notice. Ms. Sharmila Patial, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

The instant petition has been filed for grant of the following substantive reliefs:-

“A. 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).

B. The respondents also directed to release the entire emoluments/arrears in favour of petitioner by counting the entire approved military service towards fixation of pay till the same is not paid.

C. That the Hon’ble court may kindly be declare that the impugned notification and communication dated 29- 01-2018 and 30-1-2018 are not in retrospective in nature.”

Learned counsel for the petitioner states that the issue in question is squarely covered by the judgment rendered by this Court in a bunch of petitions lead being CWP No. 6443 of 2021, titled as Babu Ram vs. State of H.P. & Ors., decided on 09.05.2022. This is a matter, which is required to be considered by the respondents.

Accordingly, without going into the merits of the case, we deem it appropriate to dispose of the instant petition by directing the respondents to consider and decide the case of the petitioner in light of the aforesaid judgment and take decision within a period of four weeks from today. Ordered accordingly. Pending application(s), if any also stands disposed of.

For compliance, to come up on 25.05.2023.