IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 6480 of 2008. Decided on: 11.08.2010. __________________________________________________________ Kailash Chand … Petitioner. Versus State of Himachal Pradesh and another. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Petitioner : Mr. K.C. Sankhyan, Advocate vice M/s. Bhuvnesh Sharma and Ramakant Sharma, Advocate. For the Respondents : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. Rajiv Sharma, J. (Oral): The petitioner has approached this Court for the following relief:- “The applicant prays that the pensionary benefits i.e. pension, leave encashment, gratuity etc. may kindly be ordered to be given to the applicant immediately with interest at the rate of 18% P.A.” 2. The petitioner has primarily relied upon letter Annexure A-4, dated 27th April, 1972. The case of the respondent-State is that the period claimed by the petitioner cannot be counted as approved military 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - service. However, while deciding the case of the petitioner, the respondents have not taken into consideration the letter dated 4th December, 1962 issued by the Ministry of Home Affairs to the Government of India. The same reads thus:- “Subject:- Lien of civil Government servants who are permitted to take up military service during the present emergency. The undersigned is directed to say that it has been decided that all permanent civil Government servants, who are permitted to take up military service during the present emergency, should be allowed to retain liens on their civil posts during the period of their absence on military service to enable them to return to their civil posts on release from military service. 2. Under the Fundamental Rules a lien on the post temporarily held by a civil Government servant cannot be granted. It has been decided that temporary civil Government servants who are permitted to take up military service should, if they so apply, be permitted to return to their civil posts on release from military service, provided those posts are still in existence at that time and the service rendered is ‘approved’ military service. 3. It has further been decided in consultation with the Ministry of Finance that in the case of civil Government servants, who are permitted to take up military service during the present emergency, the period of their military service shall be treated as service outside the ordinary line for the purpose of the proviso to F.R. 30(1), as a result of which they will be entitled to proforma promotion in their present department under the next below rule and also to seniority in higher posts to which they would otherwise have been entitled, if they had not proceeded on military service. - 3 - 4. In so far as the personnel serving in the Indian Audit and Accounts Department are concerned, these orders have been issued after consultation with the Comptroller and Auditor General of India.” 3. Consequently, the respondents are directed to consider the case of the petitioner strictly in accordance with Office Memorandum dated 4th December, 1962. The needful shall be done within a period of three months after the receipt of the certified copy of this judgment. 4. Accordingly, in view of the observations made hereinabove, the petition stands disposed of, so also the pending application(s), if any. No costs. (Rajiv Sharma), Judge. August 11, 2010. (sck).