IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 14818/2008 Decided on:20.10.2009 Jyoti Prakash. …Petitioner. Versus Himachal Pradesh State Electricity Board and another. …Respondents. Coram The Hon’ble Mr. Justice R.B. Misra, A.C.J. The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1 No. For the petitioner : Mr. L.N. Sharma, Advocate. For the Respondents : Mrs Anjula Khajuria, Advocate. The petitioner joined the Indian Army on 17.2.1964. He was discharged on 20.2.1984. He was appointed as a Constable (Guard) by the respondent-Board at Binwa Power House Construction Division, Paprola. He was not appointed against the reserved category of ex- serviceman. He is seeking benefit of approved military service towards seniority and pay fixation. The petitioner has given his option after 1 ½ years after joining the post of Constable (Guard). The present petition has been filed by the petitioner after four years of his superannuation. The 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. 2 cause of action had arisen to the petitioner immediately after his appointment as a Constable (Guard) to get the benefit of approved military service and pay fixation. The benefit of approved military service and pay fixation is at the first place granted to those ex-servicemen, who are appointed against the post reserved for ex-serviceman. In the case of those persons, who have been appointed against the general category, they have to exercise their option. The option has to be exercised immediately after the joining of the post. The effect of exercising the option is that the incumbent, who has been appointed against the post of general category, has to be considered against the post which occurs in the category of ex-serviceman in near future. The petitioner has not placed any material on record that the post of ex-serviceman category became available after exercising his option. Consequently, there is no merit in the petition and the same is dismissed. No costs. (R.B. Misra), Acting Chief Justice. (Rajiv Sharma), 20.10. 2009 Judge. *Awasthi*