IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.11244 of 2024 Decided on: 12.09.2025 _________________________________________________________________ Anil Kumar Guleria …..Petitioner Versus State of HP & Ors …..Respondents ______________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Vishal Sharma, Advocate (through V.C.) For the respondents: Ms. Menka Raj Chauhan, Deputy, Advocate General. Jyotsna Rewal Dua, Judge Heard. 2. This writ petition has been filed for grant of following substantive reliefs:- “(i) That a writ in the nature of mandamus of any other appropriate writ, order or direction may kindly be* issued to the respondents directing them to grant the benefit of approved military service towards fixation of pay in favour of the petitioner from the date of his joining in civil employment in terms to judgment which has settled the law in the case titled Mukesh Thakur and others VS State of H.P. and others within time 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - bound manner to prevent further miscarriage of justice to the petitioner and safeguard its fundamental and constitution right by using inherent power given to this Hon' be Court under 226 of the Constitution. ii) To grant the benefit of seniority, promotion, increments, grade pay, earned leave benefits, pay fixation as higher grade pay along with all consequential benefits w.e.f. the date of initial appointment of the petitioner keeping in view the settled law because the case of the petitioner is squarely covered by the judgment of this Hon'ble Court dated 01.12.2023 in Mukesh Thakur case (Supra).” 3. Learned counsel for the petitioner submitted that petitioner is an ex-serviceman, who after release from Army, joined civil employment as Junior Officer Assistant (IT) on 21.08.2018 in the respondent-Education Department. While fixing his pay, respondents have not given him benefit of approved military service. Hence the grievance. 4. Learned counsel for the petitioner submits that the issue raised in the writ petition and the grievances of the petitioner have 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 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 - 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. 5. 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 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 Judge September 12, 2025 R.Atal