GEORGE Vs. A.C.THALWAL

JUDGEMENT

(1.) Petitioner Shri George appeared in the competitive examination for the H. P. Judicial Service in the year 1981 and was, thereafter, appointed to the said service through an order dated 19th October, 1982. He was appointed on probation but discharged before his confirmation. Later, however, he was reinstated in the year 1989/90. At the time of the riling of the writ petition he was posted as Senior Sub -Judge -cum -Chief Judicial Magistrate at Bilaspur.

(2.) The first respondent, Shri A. C. Thalwal, joined the Indian Air Force on 11th November, 1965. He was released from the Air Force on 1st December, 1980. From February, 1981 to January, 1984 he worked in the Punjab National Bank, New Delhi, as Cashier. He appeared in the H. P. Judicial Service Examination held in August/September, 1983 against the vacancies reserved for the released Indian Armed Forces personnel and was selected He joined service as a Sub -Judge -cum -Judicial Magistrate on 1st February, 1984.

(3.) A representation was made by the first respondent to the High Court seeking the benefit of his approved Military Service under the Demobilized Indian Armed Forces (Reservation of Vacancies in the Himachal Pradesh Judicial Service) Rules, 1975, in the matter of fixation of his pay and seniority under Rule 4 (1) which provided that ; "4 (1) The period of approved military service rendered after attaining the minimum age prescribed for appointment to the Himachal Pradesh Judicial Service by the candidates appointed against reserved vacancies under Rule 2 above, shall count towards fixation of pay and seniority in the service." Rule 5 provided that: "5. The provisions of these rules shall have effect notwithstanding anything to the contrary contained in any other rules." The benefit of pay fixation was given to the first respondent through an order of 31st August, 1989 by granting to him eleven increments having regard to eleven years approved military service put in by him. His representation, after due notice to the officers likely to be affected by the decision in the matter, was accepted by the High Court in part by order of 19/20th November, 1991. Seniority was granted to the first respondent in the H. P. Judicial Service at the bottom of the batch of 1974. The claim of the first respondent was that he should be given seniority with effect from 1st February, 1973.