LAWS(HPH)-2011-1-184

SHASHI KANT Vs. STATE OF H.P.

Decided On January 04, 2011
SHASHI KANT Appellant
V/S
The State Of H.P. Respondents

JUDGEMENT

(1.) THE Petitioners are ex -servicemen. For the purpose of civil service they were registered with Respondent No. 3. Consequently, their names were sponsored for training as Ayurvedic Pharmacists. However, since they were not detailed for the said training, the petition has been filed on the following prayer vide para 7(i): 7(i)That the Respondents may kindly be directed to issue appointment letter to the applicant as their names have been nominated by Respondent No. 3 to Respondent No. 2 vide letter dated 9.11.1998, for the posts of Ayurveda Pharmacists Training Course reserved for ex -servicemen in the Himachal Pradesh.

(2.) IN reply, on behalf of Respondents No. 1 and 2, the following stand has been taken by way of preliminary submissions and paras 6(v) and (xi) on merits:

(3.) IT is made clear that since the process for 'Nomination of Ex -servicemen/Dependants 16/5/2014 Page 2 Ram Asra Versus Swaran Kanta against the Posts of Ayurveda Pharmacist Training Course reserved for Ex -servicemen in Himachal Pradesh ' was initiated vide letter dated 9.11.1998, Annexue A -1, but could not be brought to the logical conclusion, compelling the Petitioners to file the original application (O.A.) before the erstwhile H.P. State Administrative Tribunal (since abolished) as far back as 26.12.2002 and since then they have been pursuing the same earlier before the said Tribunal and now before this Court, the Respondent may consider grant of relaxation in upper age limit for civil employment meant for ex -servicemen in favour of the Petitioners, in case they or any one of them has not already attained the age of superannuation meant for the purpose of retirement.