IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 4785 of 2008. Decided on: 31.08.2010. __________________________________________________________ Sohan Singh. … Petitioner. Versus H. P. State Electricity Board and another. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 Yes. For the petitioner : Mr. Onkar Jairath, Advocate. For the Respondents : Ms. Anjula Khajuria, Advocate. Rajiv Sharma, J. (Oral): The petitioner was appointed as Sepoy Driver in the Indian Army in the year 1963. He was discharged in the year 1978. He has rendered 15 years and 15 days approved military service. He was offered the appointment of driver on work charge basis on 7th October, 1978. He was regularised in 1982. 2. The case of the petitioner, in a nutshell, is that though he is Ex-Serviceman, he has not been given the benefit of H.P. Demobilised Armed Forces Personnel (Reservation of Vacancies in the Himachal Pradesh non-technical services) Rules, 1972. Mr. Onkar Jairath, learned counsel for the petitioner has drawn the attention of the Court to Annexure A-7 whereby the pay of the petitioner was fixed as per H.P. Demobilised Armed Forces Personnel (Reservation of Vacancies in the Himachal Pradesh non-technical services) Rules, 1972 and the 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. - 2 - instructions issued thereunder. However, the same has not been given effect to. 3. The case of the respondent/Board, in a nutshell, is that Annexure A-6 could not be given effect to since the petitioner being a driver falls in the ambit of technical services and his case was required to be considered under the Ex-Servicemen (Reservation of Vacancies in the Himachal Pradesh Tech. Services) Rules, 1985 and not under H.P. Demobilised Armed Forces Personnel (Reservation of Vacancies in the Himachal Pradesh non-technical services) Rules, 1972. The expression “Technical Posts” has been defined under the Rules to mean as under:- “all posts in Medical and Engineering Services under the Government of Himachal Pradesh.” 4. In view of this, it is evident that driver will not fall in the expression of technical posts and his case was required to be considered according to H.P. Demobilised Armed Forces Personnel (Reservation of Vacancies in the Himachal Pradesh non-technical services) Rules, 1972. In fact, his case was initially considered as per Annexure A-6 according to H.P. Demobilised Armed Forces Personnel (Reservation of Vacancies in the Himachal Pradesh non-technical services) Rules, 1972. The petitioner has not been appointed initially against the post reserved for Ex-Servicemen. However, he has not given option as per instructions issued by the State Government and adopted by the respondent-Board in the year 1975 to get his candidature considered for the future vacancy reserved for Ex-Servicemen. 3. Consequently, the petition is disposed of with a direction to the respondent-Board to consider the case of the petitioner under H.P. Demobilised Armed Forces Personnel (Reservation of Vacancies in the - 3 - Himachal Pradesh non-technical services) Rules, 1972 in case the vacancy of driver has become available in the category of Ex- Servicemen. This be done within a period of 12 weeks after the receipt of certified copy of this judgment. The pending application(s), if any, also stands disposed of. There shall be no order as to costs. (Rajiv Sharma), Judge. August 31, 2010. (sck).