NEK RAJ BHATT Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner has prayed that the Respondents may be directed to give the benefit of approved military service to the Petitioner towards his seniority as per Demobilized Armed Forces Personnel (Reservation of Vacancies in the Himachal State Non -Technical Services) Rules, 1972. The order dated 5.3.2004 Annexure A -5 denying the TTA/joining time to the Petitioner may be set aside and the Petitioner be held entitled to TTA/joining time. The Respondents may be directed to release the salary of the Petitioner from the months March, April, 2004 continuously. The Respondents may be directed to allow medical reimbursement claim of about Rs.6,000/ - submitted by the Petitioner to Respondent No. 4 between January, 2002 to March, 2004. Abrupt stoppage and withholding of sterilization increment from March, 2004 may be declared illegal and the Respondents may be directed to release sterilization increment to the Petitioner from 7.6.2000 to May, 2000 and from March, 2004 onwards along with arrears.

(2.) THE brief facts of the case are that the Petitioner was enrolled in the Navy on 30.7.1984 and was discharged on 31.7.1999 after rendering 15 years of approved military service. The Petitioner while in Navy passed course in physical education, namely, C.P.Ed. in March, 1985. The Petitioner got himself registered with ex -servicemen cell, Hamirpur for the post of Physical Education Teacher (PET). The name of the Petitioner was sponsored by ex -servicemen cell, Hamirpur on 9.3.2000 for the post of PET in the pay scale of Rs.5000 -8100 on 27.5.2000 in Government Senior Secondary School, Thill. On 6.6.2000, the Petitioner was posted in Government Middle School, Ghanata under Government High School, Darang. The Petitioner joined as PET in Government Middle School, Ghanata on 7.6.2000.

(3.) THE Petitioner was transferred from Government Middle School, Ghanata under complex Government High School Darang to Government Middle School, Multhan under complex Government Senior Secondary School, Lohardi on 28.2.2004 without any request for transfer by the Petitioner. The Respondent No. 4 on 5.3.2004 relived the Petitioner for Government Middle School, Multhan without TTA/joining time. The action of Respondent No. 4 in passing the order dated 5.3.2004 denying TTA/joining time to the Petitioner is unfair, unjust and illegal. The Petitioner was also entitled to joining time in pursuance of transfer even if joining time which was admissible was not allowed to the Petitioner at the time of transfer. The joining time which was not availed by the Petitioner, should have been treated as earned leave in his favour. The denial of joining time, earned leave to the Petitioner is illegal. In any case, the Petitioner joined his duly in Government Middle School, Multhan on 5.4.2004. The action of the Respondents in denying the salary to the Petitioner for the months of March and April, 2004 is unfair, unjust, illegal and arbitrary.