DEVINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) MY attention has been invited to the decision rendered by a Coordinate Bench of this Court in CWP(T) No. 14559 of 2008, titled as Parkash Chand versus the State of H.P. & others, which was subsequently followed and relied upon by another Coordinate Bench of this Court in Basant Kumar Vs. State of H.P. & Ors., 2011(3) Him L.R. 1141 (copies of which are taken on record). Having perused the record, I am of the considered view that petitioner's case is squarely covered by the aforesaid decisions.

(2.) IN the instant case, petitioner was enrolled in the Indian Army on 15.7.1974 and he served as a Soldier till 31.5.1993. Thereafter on 21.6.1999 he was appointed by the State as a Physical Education Teacher against an unreserved post. It is the petitioner's grievance that no option was called for by the authorities concerned seeking his consent for according benefits under the provisions of the Demobilized Armed Forces Personnel (Reservation of Vacancies in the Himachal State Non -Technical Service) Rules, 1972. It is also his grievance that such benefits were not accorded to him. In Parkash Chand and Basant Kumar (supra), the Courts have held that once an employee has entered in service by way of appointment as PET against an unreserved post, Government is bound to ask for his option for accepting subsequent reserved vacancy. Consequently, under the present circumstances, petition is allowed with a direction to the respondents/competent authority to offer an opportunity to the petitioner to exercise his option and take a final decision on the petitioner's request for according benefits under the rules within a period of three months from the date of production of certified copy of the judgment. Needless to add, all consequential benefits shall follow. Monetary benefits, as may be found to be due and admissible, if any, be also disbursed within the aforesaid period, failing which, then thereafter, petitioner shall be entitled to interest @ 9% per annum, which shall be personally recovered from the erring official(s).