IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No.: 6435 of 2008 Date of decision: 18.10.2010 Anil Kumar … Petitioner. Versus H.P.Krishi Vishva Vidyalaya and another …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. . For the petitioner: Mr. Ranjan Sharma, Advocate. For the respondents No.1 and 2: Mr. Lokender Thakur, Advocate. Deepak Gupta, J. (Oral) 1. The petitioner had filed O.A. No. 413 of 1999 before the erstwhile H.P.State Administrative Tribunal praying for the grant of the following amongst other reliefs:- i) That the respondent No.1 may be directed to grant to the applicant full benefits in terms of rule 5 of the Demobilised Armed Forces Personnel (Reservation of Vacancies) in H.P.State in (Non-technical services) Rules, 1972 and to re-fix his seniority in the cadre of Junior Scale Stenographers and so on and to grant him retrospective consequential benefits of promotion, fixation of pay, release of arrears, etc. resulting therefrom forthwith, 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. 2 as the respondent NO.1 is having employees on its establishment from other departments of the periods prior to 1.11.1978 and the applicant is accordingly entitled for fixation of seniority after taking into account his entire period of approved Armed forces service and the same should not be limited to 1.11.1978 as has been done by respondent No.1. ii) That the impugned order Annexure A/1 may be quashed and set-aside and the respondent No.1 be directed to promote the applicant to the next higher post of Private Secretary, from retrospective effect i.e. from the date his junior, respondent No.2 has been promoted as Private Secretary and to grant all consequential benefits including arrears of pay etc. 2. On the abolition of the Tribunal this original application has been transferred to this Court in terms of the Himachal Pradesh Administrative Tribunal (Transfer of Decided and Pending Cases and Applications) Act, 2008 and now registered as CWP(T) No. 6435 of 2008. 3. It is not disputed that the petitioner is an ex- serviceman. It is also not disputed that he was appointed after discharge from the Army in the 3 respondent-University against a seat reserved for ex- servicemen. The petitioner was in fact granted benefit of Demobilised Armed Forces Personnel (Reservation of Vacancies in Himachal State Non Technical Services) Rules, 1972 vide order dated 28.4.1999. This order was, however, kept in abeyance vide impugned order dated 16.6.1999. Thereafter another order was issued on 25.6.1999 in which it was stated that the order granting benefit of the aforesaid rules to the petitioner would be subject to the decision of the H.P.State Administrative Tribunal in some other case. 4. At this stage, it is no longer disputed issue that persons who joined the Army after 1962 and were appointed in the non-technical services against a reserved post are entitled to the benefit of the aforesaid rules. In fact, Shri Ranjan Sharma, learned counsel for the petitioner has placed on record a notification dated 3rd January, 2009 issued by the Registrar of the respondent-University, which reads as follows:- “In pursuance of the decision of the Board of Management taken vide item No.6 of its meeting held on 28.09.1992 and clarification contained in letter No. Agr.C(17)-1/06 dated 28.11.2008 from the Principal Secretary (Agriculture) to the Government of Himachal Pradesh Shimla, 4 the Vice Chancellor, CSK HPKV has been pleased to decide that the decision of Board of Management as above be implemented and the benefit of seniority be extended to the Ex-servicemen as per the Demobilised Armed Forces Personnel (Reservation of Vacancies in Himachal State Non Technical Services) Rules, 1972. This is in continuation of this office notification No.8-22/92-HPKV(GA)/-66484- 599 dated 19.10.1992. Other notifications, if any, issued on the subject from time to time shall stand annulled except notifications/instructions with regard to pay fixation benefit to the ex-servicemen.” 5. In view of this notification the petition has to be allowed. The petitioner is entitled to the benefit of Demobilised Armed Forces Personnel (Reservation of Vacancies in Himachal State Non Technical Services) Rules, 1972 for the purpose of fixation of pay and seniority. The respondents are directed to pay the petitioner all the benefits on or before 31st March, 2011 failing which the petitioner shall be entitled to interest @ 12 % per annum on this amount. The petition is disposed of accordingly. No order as to costs. 18th October, 2010 ( Deepak Gupta ) ™ Judge.