IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 4145 of 2008 Date of decision: 19.10.2010. Shambhu Ram Bhardwaj ….. Petitioner. Vs. State of H.P. & anr. …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Surender Sharma , Advocate. For the Respondents : Mr. R.K.Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. A.G. and Mr.J.K.Verma, Dy. A.G. Justice Kurian Joseph, C.J. (Oral) The petitioner has prayed for following relief in the writ petition:- (i) That the cut-off date i.e. November 1, 1962 as prescribed in Rule 3 of the Demobilized Armed Forces Personnel (Reservation of Vacancies in Himachal State Non- Technical Services) Rules, 1972 may be struck down being ultra vires the Constitution after applying the principle of severability. (ii) That the applicant may be held entitled to the benefits of Rule 5 of the Demobilised Armed Forces Personnel (Reservation of Vacancies in Himachal State Non- Technical Services) Rules, 1972 after treating the applicant duly recruited under these Rules. 2. As far as the main issue is concerned, the same is covered against the petitioner by a decision of this court in V.K.Behal and others vs. State of H.P & ors. CWP No. 488 of 2001 decided on 29.12.2008. However, in view of the protection granted by this court in the matter of pay fixation, the petitioner shall be entitled to the same. Needful in this regard, if not already done, shall be done within four months - 2 - from the date of production of a copy of this judgement alongwith a copy of the petition by the petitioner. (Justice Kurian Joseph), Chief Justice. October 19, 2010. (Justice Kuldip Singh), (Hem) Judge.