IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P.(T) No. 14512 of 2008. Reserved on: 18.07.2011. Decided on: 05.08.2011. _____________________________________________________ Gagan Singh. …Petitioner. -Versus- H.P. Forest Corporation and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : None. For the respondents. : Mr. V. B. Verma, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge: Petitioner joined the Indian Army on 19.04.1978. He retired from the Indian Army on 23.12.1983. He was appointed on daily wage basis in the respondent-Corporation on 01.04.1985. However, he has not been given the benefit under the Demobilized Armed Forces Personnel (Reservation of Vacancy in H.P. State Non-Technical Services) Rules, 1972 (hereinafter referred to as “the Demobilized Rules”). Respondent No. 3 has also taken up the case of the petitioner with respondent No. 2 to consider his case for benefits under the Demobilized Rules. Respondent No. 4 has also supplied the information to respondent No. 2 on 28.08.1998 that the petitioner after completion of ten years’ service has been regularized as Chowkidar. On 22.10.2005, the Divisional Manager has asked the petitioner to give details of his pension 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - book, discharge book alongwith two photo copies, two photo copies of H.P. Ex-servicemen Cell’s orders vide which he was appointed in the Forest Corporation, educational qualification certificate etc.. Petitioner supplied the same. Petitioner has also served a legal notice on 30.05.2006. However, fact of the matter is that the petitioner has not been given the benefit of Demobilized Rules. 2. Mr. V.B. Verma, learned counsel for the respondents has vehemently argued that since the petitioner has not exercised his option, he could not be granted the benefit under the Demobilized Rules. 3. I have heard Mr. V.B. Verma, learned counsel for the respondents at length. 4. It is evident from the instructions dated 23rd May, 1975 that an option is required to be obtained from an Ex- serviceman, if he has been appointed against the general vacancy whether he would like to be considered against the vacancy of Ex-serviceman when the vacancy becomes available against the category of Ex-servicemen in order to give him the benefit under the Demobilized Rules, 1972. In other words, a candidate appointed against non-reserved vacancy is required to be given at first instance an option to accept a reserved vacancy under the category of Ex-servicemen, even if it occurs subsequent to his appointment. 5. In this case, the petitioner has made a representation, pursuant to which, the correspondence was exchanged between various functionaries of the respondent- - 3 - Corporation, but the petitioner has not been given the benefit of Demobilized Rules. 6. Petitioner was regularized w.e.f. 01.01.1998 and at this stage, it was incumbent upon the respondent-Corporation to seek option of the petitioner whether he would like to be considered against the post of Ex-servicemen as and when it becomes available. This exercise has not been undertaken by the respondent-Corporation. 7. Accordingly, in view of the observations and discussions made hereinabove, the petition is allowed. The respondents are directed to consider the case of petitioner against the post of Ex-servicemen, which has become available subsequent to the regularization for granting him the benefit under the Demobilized Armed Forces Personnel (Reservation of Vacancy in H.P. State Non-Technical Services) Rules, 1972, within a period of twelve weeks from the date of production of a certified copy of this judgment by the petitioner. The Registry is directed to supply the authenticated copy of this judgment to the petitioner within two weeks. The pending application(s), if any, also stands disposed of. No costs. (Rajiv Sharma) Judge August 05, 2011. (bhupender) - 4 - - 5 - `