Dev Ram Vs State of Hp and Anr.

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2024:HHC:15539-DB

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.5221 of 2021

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Date of Decision: 21.12.2024

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____________ ___________________________________________ Dev Ram …….Petitioner Versus State of Himachal Pradesh & another … Respondents _______________________________________________________ Coram:

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Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹

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For the Petitioner: Mr. Onkar Jairath, Advocate. For the Respondents : Mr. Pushpinder Jaswal, Additional Advocate General and Mr. Rajat Chauhan, Law Officer. _______________________________________________________ Sandeep Sharma, Judge (oral):

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By way of instant writ petition, petitioner has inter alia

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prayed for the following relief:-

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“(i) That a writ in the nature of mandamus of any other appropriate writ, order or direction may kindly be issued to the Respondents directing them to grant the benefit of approved military service towards fixation of pay in favour of the petitioner from the date of their joining civil employment.

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(ii) That in the alternate, the Notification dated 29.01.2018 may be read down to the extent that it denies the benefit of fixation of pay to the petitioner for the approved military service rendered by him in the armed forces, since he became eligible for the benefit of counting of

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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2

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2024:HHC:15539-DB

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past approved military service for the purpose of pay fixation in civil employment under Rule 5(1) prior to the notification dated 29.01.2018 as well as clarification dated 25.02.2019.

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(iii) That the respondents may be directed to release all consequential benefits such as arrears etc. in favour of the petitioner alongwith interest @ 6% p.a.”

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When the matter was taken up for consideration today,

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learned counsel for the petitioner submitted that the issue raised in this petition is squarely covered by the judgments of this Court, including the judgments of Hon’ble Division Benches in Letters Patent Appeals as well as the judgment of the Hon’ble Coordinate Bench of this Court in CWP No.3126 of 2021, titled as Mukesh Thakur and another versus State of Himachal Pradesh and another , decided on 01.12.2023, and other connected matters. Accordingly, he submitted that this petition be disposed of with the observation that the directions passed therein shall mutatis mutandi be treated to have been passed in this petition also.

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Learned Additional Advocate General has submitted that the respondent-State has filed a Special Leave Petition against the judgment passed by the Hon’ble Division Bench of this Court in Babu Ram versus State of Himachal Pradesh and others , in which, notices stand issued on the application filed for condonation of delay as well as in the Special Leave Petition.

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3

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2024:HHC:15539-DB

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Learned Counsel for the petitioner further submitted that

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even the special leave petition preferred by the respondents against the judgment passed by Hon’ble Division Bench of this Court in Babu Ram’s case (supra) stands dismissed by Hon’ble Supreme Court of India vide judgment dated 25.10.2024.

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Accordingly, this petition is disposed of by observing that the directions passed in CWP No.3126 of 2023 shall mutatis mutandi apply in the present case and shall be deemed to have been passed in this case also. Let the benefits of approved military service towards fixation of pay be granted to the petitioner from the date of his joining the civil employment within a period of 90 days from today. If the emoluments are not paid within the said period, the respondentsState shall be liable to pay simple interest @ 6% per annum on the due amount to the petitioner from the date of joining. Pending miscellaneous applications, if any, also stand disposed of.

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December 21, 2024 (shankar)

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(Sandeep Sharma), Judge

Dev Ram v. State of Hp and Anr.

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Dev Ram v. State of Hp and Anr.

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