IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P(T) No. 3737 of 2008. Decided on: 30th August, 2010. Swaran Singh Katoch. …Petitioner. -Versus- The State of Himachal Pradesh through Secretary (Education) to the Government of Himachal Pradesh. …Respondent. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. P.P. Chauhan, Advocate. For the respondent. : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner joined the Indian Air Force on 11.07.1968. He was discharged on 31.05.1984. His approved military service was 15 years and 326 days. He was appointed as Lecturer in Public Administration on 10.02.1988 in the pay scale of Rs.2200- 4000/- on the basis of the recommendations made by the Himachal Pradesh Public Service Commission against the general category. 2. Mr. P.P. Chauhan, learned counsel for the petitioner has strenuously argued that the respondent-State has not sought his option as per letter dated 23rd May, 1975 to accept a reserved vacancy, if it occurs subsequent to his appointment. 3. The respondent-State has not chosen to file any reply to the present petition. 1 Whether the reporters of the local papers may be allowed to see the judgment? No. 4. Mr. P.M. Negi, learned Deputy Advocate General has argued that since the petitioner has not exercised his option, his case could not be considered against the vacancy which become available after enrollment of the petitioner in Ex-servicemen category. 5. I have heard the learned counsel for the parties and gone through the record carefully. 6. A bare perusal of letter dated 23rd May, 1975, quoted in the petition makes it abundantly clear that it was incumbent upon the employer to seek option of the petitioner as to whether he would like to be considered for the reserved vacancy, even if it occurs subsequent to his appointment. In the present case, admittedly, the option has not been sought from the petitioner, as required. 7. Accordingly, the petition is allowed. The respondents are directed to consider the case of petitioner as per letter dated 23rd May, 1975, if any reserved vacancy for Ex-servicemen category has occurred in the stream of Lecturer Public Administration, within a period of two months from the date of production of a certified copy of this judgment. It is made clear that in case the vacancy was available, the petitioner’s case shall be considered and he will be entitled to all the benefits in accordance with law. No costs. (Rajiv Sharma) Judge August 30, 2010. (bhupender)