IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 4060 of 2008. Decided on: 26th October, 2010. Sher Singh. .….. Petitioner. Versus State of H.P. and another. …. .. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner : None. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. Ankush Dass Sood, Addl. Advocate General and Mr. J.K. Verma, Dy. Advocate General, for respondent No.1. Mr. Adarsh Sharma, Advocate, for respondent No.2. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed within the following prayers: “(i). That the respondents may be directed to give to the applicant, the benefits of approved Military service towards pay fixation and seniority. (ii) That the respondents may further be directed to give all consequential benefits, including promotion to the higher post after giving to the applicant the benefit of approved military service towards seniority.” 2. In the reply filed by the second respondent at paras 6(iii) and 6(iv), it is stated as follows: “6(iii & iv) The contents of these paras are absolutely incorrect but for the fact that the applicant submitted representations as alleged. The applicant, Sher Singh, was appointed as driver against reserved vacancy against Scheduled Caste category and he was not appointed against the reserved vacancy for Ex- 2 servicemen, as alleged. The applicant is not entitled to the benefits of Military Service under Demoblized Armed Forces Personnel Rules, 1972. This benefit is only available to those Ex-servicemen who were enrolled in the Army on or after 1.11.1962 and re- employed against a reserve post for Ex-servicemen in the civil service. The case of the applicant does not even fall under the provision of Himachal Pradesh Government (Finance) Regulations Department Circulated vide OM No.Fin©-B(7)-25/76 on dated 2.8.1983 as he had drawn last pay of Rs.240/- in the Army whereas in the civil post he was appointedin the pay scale of Rs.450-700. He had joined the Army on 24.7.1967.” 3. In case the petitioner has still any grievance left, it will be open to him to approach the second respondent, in which case the matter will be duly considered and appropriate orders will be passed by the second respondent in accordance with law within another four months from the date of production of a copy of this judgment by the petitioner. 4. The writ petition is disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 26th October, 2010 (Justice Kuldip Singh), (tr) Judge. 3