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2010 DIGILAW 1018 (HP)

Paras Ram v. State Of Himachal Pradesh

2010-08-05

KURIAN JOSEPH, RAJIV SHARMA

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JUDGMENT : Rajiv Sharma, J.(Oral) The petitioner was enrolled in the Indian Army on 21.11.1958. He was discharged on 21.11.1973. He was employed as a Driver in the respondent-Department after his discharge from the Indian Army. He made a representation for counting of his approved military service for the purpose of pay fixation, seniority etc. as per the Demobilized Armed Forces Personal (Reservation of Vacancies in Himachal Pradesh State Non Technical Services) Rules, 1972. The representation made by the petitioner was rejected by the FC-cum-Secretary (health) on 28.3.1998. According to order dated 28.3.1998 since the petitioner has rendered service in Indian Army prior to 1.11.1962, he was not entitled to the benefit of the Demobilized Armed Forces Personal (Reservation of Vacancies in Himachal Pradesh State Non Technical Services) Rules, 1972. 2. This question is no more res integra in view of the law laid down by their Lordships of the Honble Supreme Court in State of Himachal Pradesh and another v. Piar Singh, 2002 (6) SLR 24 (SC). 3. Accordingly, there is no merit in the petition and the same is dismissed with no order as to costs.