R.K.BARWAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Leave granted in Special Leave Petition (Civil) Nos. 8710 of 2009, 14361 of 2009 and 19750 of 2011.

(2.) In all these appeals, issue relates to the validity of 'Demobilized Armed Forces Personnel (Reservation of Vacancies in the Himachal Pradesh State Non-Technical Services) Rules, 1972 (hereinafter referred to as the Rs.1972 Rules'). These 1972 Rules provide for reservation to the Released Indian Armed Forces Personnel in non-technical services in the State of Himachal Pradesh. Provision is also made in the 1972 Rules for conferring the benefit of counting approved military service of such Released Armed Forces Personnel for the purpose of fixation of their seniority and pay in civil employment. It is the validity of these Rules which is the subject matter in most of these appeals. However, for the sake of convenience and better understanding, we would take note of the events from Civil Appeal No.____ of 2017 @ SLP (C) No. 8710 of 2009.

(3.) The appellants in these appeals are Released Armed Forces Personnel. They were initially taken in the Army where they served for few years and after serving for certain years, they were released from the Army. Still young and far away from the age of retirement that is prescribed for civilian post, they applied for the post of Assistant District Attorney in the State of Himachal Pradesh (hereinafter referred to as the 'State') and were successful in getting appointment as Assistant District Attorneys with the Department of Prosecution of the State. In terms of 1972 Rules, they were accorded the benefit of their approved military service for the purposes of fixation of their pay and seniority as Assistant District Attorneys. Details of appointments of these appellants are as under: <FRM>JUDGEMENT_149_LAWS(SC)8_2017_1.html</FRM> As is clear from the aforesaid chart, though these appellants joined as Assistant District Attorneys with the State on later dates, they were given the seniority from the back/earlier date with the application of 1972 Rules by counting their approved military service. Their pay was also fixed accordingly.