IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No.11009 of 2008 Date of decision : August 23, 2011 Dr. Ajeet Kumar Negi …Petitioner. Versus State of H.P. and another …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Dibender Ghosh, Advocate. For the Respondents : Mr. Ramesh Thakur, Assistant Advocate General. Surjit Singh, Judge(Oral) Heard and gone through the record. 2. Petitioner, after having served as doctor in the Army, for five years, from 1992 to 1997, joined as Medical Officer in the Health Department of Himachal Pradesh. He sought five years Military service to be taken into account, for assigning seniority and also for fixation of pay. Seniority has been assigned to him, by counting five years Military service, but so far as pay is concerned, petitioner’s plea is that it has not been fixed, by taking into account his five years Military Service. 3. Respondents, in their reply, as verified by supplementary affidavit, dated 13th April, 2011, have stated that the petitioner has been given five increments, Whether reporters of the local papers may be allowed to see the judgment? …2… for five years Military service, in the initial pay-scale of the post of Medical Officer, but he is seeking placement in the higher pay-scale, by counting five years Military service. Their contention is that placement in the higher pay-scale takes place only when a person renders minimum prescribed service in the State cadre, as per instructions contained in Para-18.5.2 of Hand Book on Personnel Matters, Volume-1 (Second Edition). 4. I have been taken through the aforesaid Para of the Hand Book on Personnel Matters, Volume-1 (Second Edition), which gives the impression that in the matter of promotion and placement in the higher pay- scale, an Ex-serviceman should have been in actual civil service, at least for a period of three years. 5. Learned counsel representing the petitioner submits that two other doctors, whose names find mention in representation Annexure A-11, were placed in the higher pay-scale, by counting their Military service, for the purpose of minimum service required to be rendered, for being placed in higher pay-scale and so he should also be granted higher pay-scale following the cases of the two doctors, named in the said representation, as precedent. 6. Writ petition is disposed of, with a direction to the respondents to deal with and dispose of the case of …3… the petitioner, in the same manner as the cases of two doctors, named in representation Annexure A-11, i.e. Dr. Vikram Mahajan and Dr. S.S. Dogra, had been dealt with. Pending application(s), if any, also stand disposed of. August 23, 2011(sd) ( Surjit Singh ), J