PRITTAM SINGH Vs. STATE OF H P

JUDGEMENT

(1.) THOUGH the petition has been filed for grant of as many as four substantive reliefs vide para 7(i) to (vi), yet at the time of hearing the same is restricted only qua the one at serial No.(iii), which is as under:

(2.) ADMITTEDLY, the petitioner is an Ex Indian Army Personnel. After discharge from Army he joined the employment of the respondent- Department as Physical Education Teacher (PET) on 9.10.2002 against a general un-reserved vacancy. Thus, though on a plain reading of the Demobilised Armed Forces Personnel (Reservation of Vacancies in the Himachal State Non-Technical Services) Rules, 1972, he was not entitled for the grant of benefit of approved military service, yet by relying upon Government of Himachal Pradesh, General Administration Department letter No. 11-76/71-GA-A(Vol. II), dated 23rd May, 1975, addressed to all the Secretaries, heads of departments etc., Annexure A-6 [at page 791 of the Hand Book on Personnel Matters, Vol-I (Second Edition), Government of Himachal Pradesh, Department of Personnel] readwith CASE-VI given under Instruction 18.7, dated 17.5.1993/16.07.1993 at page 748 of the aforesaid Hand Book on Personnel Matters, which are as under, he contends that it was incumbent on the part of the respondents to obtain option from him to accept a reserved vacancy occurring subsequent to his appointment and since it was not done and he cannot be faulted on this count, the lapse is required to be rectified at this stage in view of the aforesaid Instructions: Annexure A-6