Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.10318 of 2024
Decided on: 07.07.2025 ------------------------------------------------------------------------------------- Govind Ram and Ors
…..Petitioners
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Munish Datwalia, Advocate.
For the Respondents: Mr. Rajat Chaudhary, Assistant 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.
Petitioners were enrolled in military service on 26.09.1990, 29.10.1998 and
29.12.1994. They were released from military service on 01.08.2006, 31.10.2015 and 01.09.2021. Petitioner No. 1 and 2 were re-employed in civil service as Physical Education Teacher and petitioner No.3 was reemployed as Drawing Teacher on contract basis
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2
on 21.02.2017. Their services were regularized on
19.05.2020. With the grievance that the respondents have not counted the entire approved military service rendered by the petitioners towards fixation of their pay, this writ petition has been filed.
3.
Learned counsel for the petitioners submits that the issue raised by the petitioners 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 their cases for counting the approved military service rendered by them towards fixation of their pay in light of the aforesaid decisions within a fixed time schedule. Learned Assistant 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 cases of the petitioners for fixation of their pay in relation to approved military service rendered
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
3
by them in accordance with law as also in light of the aforesaid decisions within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua July 7, 2025
Judge R.Atal