IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P.(T) No. : 6067 of 2008. Decided on: 28th July, 2010. _________________________________________________________ Babu Ram. …Petitioner. -Versus- State of Himachal Pradesh and another. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting? No. 1 __________________________________________________________ For the petitioner. : Mr. S.R. Sharma, Advocate vice Mr. B.N. Misra, Advocate. For the respondents. : Mr. R.K. Sharma, Senior Additional Advocate General with Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge(Oral): Petitioner joined the Indian Army on 15th September, 1963. He was discharged in the year, 1972. He was appointed as Peon in the respondent-department. Admittedly, the petitioner is an Ex-serviceman. According to the instructions issued by the respondent-State, at the time when an Ex- serviceman is appointed against the general vacancy, his option is to be sought whether he would like to be absorbed against the vacancy meant for Ex-servicemen category as and when it arises. This exercise has not been undertaken by the respondents in the present case. It was for the respondent- 1 Whether the reporters of the local papers may be allowed to see the judgment? No. department to seek option of the petitioner at the time of first appointment and not vice versa. 2. Consequently, the petition is disposed of with a direction to the respondents to consider the case of petitioner for the post of Peon against the reserved category of Ex-serviceman, in case any vacancy was available with the respondent- department after the appointment of petitioner and grant him the relief under the Demobilized Armed Forces Personnel (Reservation of Vacancies in the Himachal Pradesh Non- Technical Services) Rules, 1972. The needful shall be done within a period of ten weeks from today. No costs. (Rajiv Sharma) Judge July 28, 2010. (bhupender)