LAWS(HPH)-2024-3-105

KAMLESH CHAND Vs. STATE OF H. P.

Decided On March 14, 2024
KAMLESH CHAND Appellant
V/S
STATE OF H. P. Respondents

JUDGEMENT

(1.) Even though, the petition filed by the writ-petitioner (appellant herein) was allowed by the learned writ Court, however, he is still aggrieved by the same and seeks modification to the extent that he be granted actual benefits from 24/7/2012 and the rider imposed by the learned writ Court restricting the actual benefits to the date of joining his duties be set aside.

(2.) The facts are not in dispute and can be enumerated thus:

(3.) The appellant, after rendering services as Instructor AEC Special in the Indian Army, retired from Army Education Corps on 30/11/2009 and thereafter got himself enrolled with the Ex- servicemen Cell, Hamirpur for re-employment. Pursuant to the requisition sent by the Department of Education, name of the appellant, as "Ex-serviceman", came to be sponsored by the Ex-servicemen Cell, Hamirpur, vide communication dtd. 21/4/2012. However, the Directorate of Higher Education, Himachal Pradesh, vide communication dtd. 7/8/2012 rejected his candidature/ nomination on the ground that he was not fulfilling the norms of Recruitment and Promotion Rules for the post in question.