CWP(T) No. 12357 of 2008 9.03.2011 Present: Mr. S. C. Sharma, Advocate, for the petitioner. Mr. Ram Murti Bisht, Deputy Advocate General with Mr. Vinod Thakur, Dy. A.G. for the respondent/State. There is nothing on record to show that option, in accordance with the Rules was ever sought from the petitioner by the Government. According to the relevant Rules [Demobilized Armed Forces Personnel (Reservation of Vacancies in Himachal State Non-Technical Services) Rules, 1972] as applicable to the petitioner it was incumbent upon the State to have sought an option from the petitioner. Consequently stand taken by the respondent that no option was exercised by the petitioner is unsustainable in law. It is also not evident that petitioner was made aware of the directions issued by the Government in terms of circular dated 22.8.1994. Under these circumstances petition is disposed of with the following directions. The respondent/State shall examine the record. Direction is issued to the respondent to seek the petitioner’s option and take appropriate action in accordance with law. Needful be done within a period of four months from the date of receipt of certified copy of the order. (Sanjay Karol), Judge. March 9, 2011 (PK)