Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.7454 of 2023
Decided on: 25th June, 2025 ------------------------------------------------------------------------------------- Vijay Kumar
…..Petitioner
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Munish Datwalia, Advocate.
For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Even though the respondents have not filed reply, however, with the consent of learned counsel for the parties, the matter is heard at this stage.
2.
Petitioner was enrolled in military service on
11.11.1987. He was released from military service on
31.12.2004. Petitioner was re-employed in civil service as Physical Education Teacher on contract basis on
24.11.2016. His services were regularized on 16.05.2020. With the grievance that the respondents have not counted
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2
the entire approved military service rendered by the petitioner towards fixation of his pay, this writ petition has been filed.
3.
Learned counsel for the petitioner submits that the issue raised by the petitioner has 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 the respondents are
directed to consider his case for counting the approved military service rendered by him towards fixation of his pay in light of the aforesaid decisions within a fixed time schedule. Learned Deputy Advocate General is not averse to this prayer.
4.
In view of above, this writ petition is disposed of by directing the respondents/competent authority to consider and decide the case of the petitioner for fixation of his pay in relation to approved military service rendered by him in accordance with law as also in light of the aforesaid decisions within a period of six weeks from today. The
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
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decision so arrived at shall also be communicated to the petitioner.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua June 25, 2025
Judge Mukesh