LAWS(HPH)-2008-4-29

PIAR SINGH Vs. STATE OF H.P.

Decided On April 05, 2008
PIAR SINGH Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THE applicant in this original application has prayed for quashing Annexures A -8 and A -9 whereby the claim of the applicant for grant of benefit of Army Service has been denied.

(2.) THE sum and substance of the case of the applicant is that after having served in the Army the applicant was re -appointed as a Peon against a post which was unreserved and he submitted joining report on 1.1.1975. The applicant, however, was not given benefit of Army service despite his request and representations which were rejected on the ground that the applicant was appointed against unreserved post, therefore, he cannot be given the benefit available to the Ex. -servicemen under the Demobilised Armed Forces Personnel (Reservation of Vacancies in the Himachal Pradesh State Non -Technial Services) Rules, 1972 (hereinafter to as the Rules). It is further claimed that the applicant in fact was entitled for such benefits in view of the instructions contained in letter Annexure A -10 issued by the Government of Himachal Pradesh General Administration Department, hence this original application.

(3.) WE have heard Ms. Ranjana Parmar, Advocate who appeared vice counsel for the applicant and learned Additional Advocate General for the respondents.