CWP(T) No. 1824/2008 16.03.2011 Present: Mr. Surender Sharma, Advocate, for the petitioner. Mr. R. M. Bisht, Dy. A.G with Mr. Vinod Thakur, Dy. A.G. for respondents No.1 & 2 Mr. Varun Chandel, Advocate, for respondent No.3 Notice in the petition was issued on 29.5.2008. Inspite of repeated opportunities reply was not filed by the respondents. Final opportunity was afforded on 28.4.2010, 2.6.2010 and 15.7.2010, yet reply has not been filed. 2. Petitioner has prayed for the following relief: “i) That the respondents may be directed to give the benefits of approved military service towards pay fixation and seniority against subsequent reserved post of ex- serviceman in the subject of Lecturer (Eng) which occurred or had become available after the appointment/ joining of the applicant on 18.11.1995/1.12.1995 till October 2005 & thereafter forthwith. I ii) That the respondents may be directed to give the benefit of Approved military service on subsequent reserved post of Lecturer (Eng) for pay fixation and seniority as Lecturer and then for promotion as Principal (school) cadre with pay-fixation & seniority with all consequential benefits forthwith.” 3. Petitioner retired from Indian Air Force on 31.5.1994. Thereafter he was selected as a Lecturer in English. His selection was in accordance with R&P Rules against unreserved post. He joined as a Lecturer on 1.12.1995. In order to give benefits to such persons who had rendered service in defence force, respondents issued instructions dated 23.5.1975 (Annexure A-3) which reads as under:- “ Dated 23.5.1975 Subject: Demobilized Army Personnel-Concession when recruited against un-reserved vacancies. I am directed to address you on the subject noted above and to say that the various concessions granted under the Demobilized Armed Forces Personnel (Reservation of Vacancies in Himachal Pradesh State Non-Technical Services) Rules, 1972, notified vide this Department Notification of even number dated 28th .March, 1972 are admissible only when the persons concerned are selected against the reserved vacancies. In this connection, it is clarified that in order to remain within the scope of the relevant Rules, referred to above, the concessions in question cannot be extended against un-reserved vacancies. But where a Released Army Personnel are appointed against a general un-reserved vacancy in the first instance he should be given an option (only at the time of first appointment) to accept a reserved vacancy even if it occurs subsequent to his appointment. This will automatically give the benefit of concession like seniority etc in the manner specified in the Rules ibid.” 4. In terms thereof petitioner exercised his option which is evident from Annexure A-4, yet respondents have not taken any action thereupon. Petitioner has also not been accorded benefits of instructions (Annexure A-3) inspite of the fact that it is his claim that similarly situated persons were accorded benefits thereof and only he has been left out. This is apparent from para 6(viii) of the petition. 5. Under these circumstances, respondents are directed to take action on Annexure A-4 and accord all benefits, in accordance with law in terms of Annexure A-3 to the extent applicable. Needful be done within a period of three months from the date of receipt of the certified copy of the order. It is clarified that the amount due and admissible, if any, be also disbursed to the petitioner, failing which thereafter he shall be entitled to interest @9% per annum. 6. With the aforesaid observations, petition stands disposed of, March 16, 2011 ( Sanjay Karol ), (rana) Judge.