1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2150 of 2023 Date of decision: 09.05.2025 Sat Pal. ...Petitioner. Versus State of H.P. & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioners : Mr. Naresh K. Sharma, Advocate. For the respondents : Mr. L.N. Sharma, Additional 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. With the consent of learned counsel for the parties, the matter is heard at this stage. 2. Petitioner was enrolled in Military Service on 01.05.1997. He was released from Military Service on 13.05.2013. Petitioner was re-employed in civil service as Clerk on 29.01.2018 on contract basis. His services were regularized on 06.04.2021. Petitioner had passed +2 on 12.05.2009, which was an essential qualification for the post of Clerk at the time of his recruitment in the year 2018. -2- Dispute in this petition is for grant of benefit of approved military service to the petitioner towards fixation of his pay in civil employment from the initial date of joining the same. The respondents rejected the case of the petitioner for grant of the benefit of approved military service on 20.07.2022 (Annexure P-11). 3. Learned counsel for the petitioner submits that the case of the petitioner for the relief claimed by him is squarely covered by the decision rendered in Babu Ram versus State of Himachal Pradesh and others1. In view of above submission, following order was passed in the matter on 30.04.2025:- “Learned counsel for the petitioner submits that the matter is covered in terms of decision rendered in CWP No. 6443/2021 (Babu Ram Vs. State of H.P. & Ors a/w connected matters) decided on 09.05.2022. Respondents though have not filed their reply despite the fact that the petition has been admitted on 31.05.2023, however, at the request of learned Deputy Advocate General, the matter is adjourned to next week to enable her to have instructions/file reply in the matter. As prayed for, list next week.” Pursuant to above order, learned Additional Advocate General has placed on record office instructions dated 08.05.2025 from the Director, Health Services, 1 CWP No.6443 of 2021, decided along with connected matters on 09.05.2022 -3- Himachal Pradesh. Relevant portion of which reads as under:- “It is further submitted that in terms of the directions of the Government as conveyed vide letter dated 06-05-2025, the matter has further been taken up with the Department of Education for seeking factual status of Babu Ram's case by the Department vide letter dated 08-05-2025, copy enclosed as FLAG- B. in reference to the earlier correspondence made by the Secretary (Health) and Secretary (Education) to the said Department. However, since the relief claimed by the present Petitioner is same and similar to the relief as per the basis judgment in Babu Ram's case, the outcome of Babu Ram's case has also to be applied in the case of the present petitioner, without any discrimination.” The respondents have admitted that petitioner’s case is similar and covered by the decision in Babu Ram1. That the relief given to Babu Ram has to be given to petitioner as well without any discrimination. 4. In view of fair stand taken by the respondents, this writ petition is allowed. Impugned order dated 20.07.2022 (Annexure P-11) is quashed and set aside. The respondents are directed to confer the benefit of approved military service to the petitioner towards fixation of his pay from the date of his joining the civil employment. This exercise along with consequential follow-up action be completed within a period of six weeks from today. -4- Pending miscellaneous application(s), if any, to stand disposed of. Jyotsna Rewal Dua 9th May, 2025 Judge (Pardeep)