IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 6191 of 2008. Date of Decision: 9.8.2010 Ram Saran Thakur …Petitioner. Versus. H.P. Agro Industrial Packaging and another …Respondents. Coram: The Hon’ble Mr.Justice Deepak Gupta, Judge. Whether approved for Reporting? No For the Petitioner(s): Mr.P.P. Chauhan, Advocate. For the Respondent(s): Mr.Rakesh Dhaulta, Advocate vice Mr.D.N. Ronta, Advocate. Deepak Gupta, J.(oral) The petitioner joined the Indian Army on 20.7.1971. He was discharged from the Army on 31.7.1988. On 30.12.1990 the petitioner was appointed as Security Guard in the respondent- Corporation against a general vacancy. The petitioner seeks the benefit of approved military service under the Demobilized Armed Forces Personnel (Reservation of Vacancies in the Himachal State Non-Technical Services), Rules, 1972 towards seniority and pay fixation. The petitioner was admittedly appointed against the general vacancy. He cannot be granted the benefits as prayed for. He has not exercised his option to be considered for the post of Security Guard likely to occur in near future in the ex-serviceman quota. He has also 2 not placed any material on record to suggest that vacancy of Security Guard has become available in the ex-serviceman category after his appointment as Security Guard. Accordingly, there is no merit in this petition and the same is dismissed. No order as to costs. August 9, 2010 ( Deepak Gupta ) PV Judge.