Extracted from the PDF above. The PDF is authoritative.
Whether reporters of Local Papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10578 of 2024
Date of decision: 01.07.2025 Ranjeet Singh.
...Petitioner. Versus State of H.P. & Ors.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? For the petitioner : Mr. Munish Datwalia, Advocate.
For the respondent : Ms. Menka Raj Chauhan, Deputy Advocate General.
Jyotsna Rewal Dua, Judge
Petitioner was enrolled in armed forces on
20.07.1987. He was superannuated from armed forces on
31.01.2004. Petitioner was re-employed in civil service as Peon on contract basis on 25.09.2017. His services were regularized on 09.10.2020. With the grievance that the respondents have not counted the entire approved armed force services rendered by the petitioner towards fixation of his pay, he preferred a representation to the Competent Authority. However, the same was rejected under order dated 25.05.2024 (Annexure P-7). Petitioner feels aggrieved against
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rejection of his representation and therefore, has assailed the said order in the present petition.
2.
During hearing of the case, learned counsel on both sides submitted that the issue raised by the petitioner has been authoritatively adjudicated upon in Babu Ram Versus State of Himachal Pradesh and others1, as affirmed by the Hon’ble Apex Court in The State of Himachal Pradesh & Ors. Versus Babu Ram2. Learned counsel for both parties are ad idem that the case of the petitioner is required to be considered afresh by the respondents in light of the aforesaid decisions.
3.
In view of above, the impugned order dated 25.05.2024 (Annexure P-7) is quashed and set aside. Respondent No.2/Competent Authority is
directed to consider and decide the case of the petitioner afresh 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 decision so arrived at shall also be communicated to the petitioner.
1 CWP No.6443 of 2021, decided along with connected matters on 09.05.2022. 2 Special Leave Petition (Civil) Diary No(s).41608/2022, decided on 25.10.2024
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The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua 1st July, 2025
Judge (Pardeep)