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2025 DAILYLAW 14358 (HP)

SANDEEP SINGH GULERIA v. THE STATE OF HP AND OTHERS

CWP/8420/2025 · 2025-06-03

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8420 of 2025 Decided on: 3rd June, 2025 ------------------------------------------------------------------------------------- Sandeep Singh Guleria …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Ramesh Kaundal, Advocate. For the Respondents: Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. With the consent of learned counsel for the parties, the matter is heard at this stage. 3. Petitioner’s case is that he was enrolled in the Indian Air Force on 18.03.1997 as Airman. On completion of 20 years of service, he was released from Indian Air Force on 31.03.2017. During service in Indian Air Force, he 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 obtained Degree in Engineering from the Institution of Engineers (India) in the year 2016. After discharge from Indian Air Force, petitioner was appointed as Assistant Engineer in the respondent-Jal Shakti Vibhag against the post reserved for Ex-serviceman vide notification dated 13.02.2019. Initial appointment of the petitioner was on contract basis. His services were regularized on 05.01.2022. The respondents fixed the pay of the petitioner, but declined to give him the benefit of 20 years of approved military service rendered by him before joining the civil employment. Only one year service after obtaining Degree in Engineering was taken into consideration by the respondents while fixing his pay under order dated 22.04.2025. Petitioner is aggrieved against this action of the respondents, hence, has preferred this writ petition seeking following substantive reliefs:- “i) The Respondents may kindly be directed to issue revised pay fixation order in supersession of earlier pay fixation order dated 22-04-2025 and give full 20 years qualified Air Force Service benefit towards fixation of pay to the petitioner. ii) The Respondents may kindly be directed to undertake this exercise of pay fixation and release of consequential benefits like arrear etc. within a time bound period.” 4. Learned counsel for the petitioner submits that the case of the petitioner and the issues raised by him have 3 already been adjudicated upon in Babu Ram Versus State of Himachal Pradesh and others2, as affirmed by the Hon’ble Apex Court in The State of Himachal Pradesh & Ors. Versus Babu Ram3. Learned counsel further submits that the petitioner would be satisfied in case he is permitted to prefer a representation to respondent No.2/competent authority, whereafter, the competent authority be directed to decide the same within a fixed time schedule. Learned Additional Advocate General is not averse to this prayer. 4. Having regard to the afore-submissions, this writ petition is disposed of by permitting the petitioner to file a representation to respondent No.2/competent authority, within two weeks from today. In case such a representation is received by respondent No.2/competent authority within the aforesaid period, the same shall be considered and decided in accordance with law as also in light of the aforesaid judgments within a period of six weeks thereafter. The decision so arrived at shall also be communicated to the petitioner. 2 CWP No.6443 of 2021, decided alongwith connected matters on 09.05.2022 3 Special Leave Petition (Civil) Diary No(s).41608/2022, decided on 25.10.2024 4 The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua June 03, 2025 Judge Mukesh