LAHORI SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner joined the Indian Army in 1974. He was discharged in 1997. Thereafter, he joined as a Physical Education Teacher in the respondent-department on 30.07.1998 against the General category. Since the petitioner was an Exserviceman, he submitted an application on 12th October, 1998, exercising his option as per the notification dated 23rd May, 1975 to be considered against any of the vacancies, which were likely to become available under the category of Ex-servicemen subsequently. The respondent-department has not taken any decision on the option exercised by the petitioner. However, his salary was fixed as per Annexure A-13 w.e.f. 01.01.2001 instead of 30.07.1998, as prayed by the petitioner. Mr. V.D. Khidta, learned Counsel for the petitioner has strenuously argued that action of the respondents of fixing the pay of the petitioner w.e.f. 01.01.2001 instead of 30.07.1998 is wrong, illegal, arbitrary and, thus, violative of Articles 14 and 16 of the Constitution of India. According to him, his client has exercised his option on 12.10.1998 as per instructions dated 23rd May, 1975 and the vacancy was also available under the category of Ex-servicemen. In other words, his plea is that the petitioner was required to be considered against the post of Exservicemen when the vacancy became available against the category of Ex-servicemen in order to give him the benefits under the Demobilised Armed Forces Personnel (Reservation of Vacancy in H.P. State Non-Technical Services) Rules, 1972.

(2.) Mr. Vikas Rathore, learned Deputy Advocate General has strenuously argued that no vacancy was available between 30.10.1999 till 01.01.2001. In other words, the date of fixation of the petitioner has been justified w.e.f. 01.01.2001.

(3.) I have heard the learned Counsel for the parties and gone through the pleadings carefully.