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2025 DAILYLAW 17539 (HP)

LALIT KUMAR v. HPSEBL AND ANOTHER

CWP/7678/2024 · 2025-07-18

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7678/2024 Decided on: 18.07.2025 Lalit Kumar …Petitioner Versus HPSEB & Anr. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Munish Datwalia, Advocate. For the respondents: Mr. Anil Kumar, Advocate. Jyotsna Rewal Dua , J This writ petition has been filed for the grant of following substantive reliefs: - “(i) That the Letter dated 31.5.2024, 6.7.2024 and 23.7.2024 may kindly be set aside and quashed. (ii) That respondents may kindly be directed to grant the benefit of approved military service towards fixation of pay in favour of the petitioners as from the date of their joining civil employment as per un amended rules 5(1) of Demobilized Armed forces personal (Reservation of Vacancies in the Himachal State Non Technical Service) Rule 1972. (iii) The respondents also directed to release the entire emolument/arrears in favour of the petitioner by counting the entire approved military service towards fixation of pay till date same is not paid. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 (iv) That the Hon’ble court may kindly be declared that the impugned notification and communication dated 29.1.2018 and 30.1.2018 are not retrospective in nature.” 2. Following order was passed in the matter on 20.12.2024: - “Learned counsel for the respondents seeks two weeks’ time to have instructions in the matter, as to whether the case of the petitioner is covered in light of decision rendered in CWP No.6443 of 2021 (Babu Ram vs. State of H.P. & Ors.) along with connected matters decided on 09.05.2022. Instructions/reply be filed within two weeks. List thereafter.” 3. Pursuant thereto, learned counsel for the respondents has placed on record a copy of office circular dated 08.01.2025 issued by the respondents, which inter-alia states that the benefits of approved military services in the pay fixation will be granted to all the Ex-servicemen who have been appointed before the amendment made by the Government of Himachal Pradesh in Rule-5(1) of the Demobilized Armed Forces Personnel (Reservation of Vacancies in Himachal Pradesh State Non-Technical Services) Rules, 1972, vide notification dated 29.01.2018. 4. Learned counsel for the petitioner submitted that the case of the petitioner is covered under Babu Ram vs. State of H.P. 3 & Ors2 as he joined the Civil Employment on 10.07.2017. Learned counsel, however, submitted that the petitioner has some grievances with respect to the mode and manner, in which the respondents have refixed the pay of the petitioner, therefore, liberty be reserved to the petitioner to seek appropriate remedy with regard to the left- out grievances of the petitioner. 5. Taking note of the office circular placed on record by the respondents and reserving liberty as prayed for by the petitioner, the present petition to stand disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 18th July, 2025(rohit) 2 CWP No. 6443/2021 decided on 09.05.2022