R. C. Lahoti, J. - (1.) A. C. Thalwal, the appellant was born on 15th September, 1948. On 11-11-1965 he joined the Indian Air Force. On 1st December, 1980 he was released from the Air Force. For a short period between February, 1981 and January, 1984, the appellant served as a cashier in the Punjab National Bank. The appellant did his graduation in the year 1971 and post graduation in 1973. He passed the LL.B. examination in the year 1976.
(2.) In the year 1983, the High Court of Himachal Pradesh invited applications for recruitment to 12 posts in Himachal Judicial Service, out of which 2 posts were reserved for ex-servicemen. The appellant made an application seeking appointment in the said quota of ex-servicemen. He was selected. On 1-2-1984 he joined the Himachal Pradesh Judicial Service as Sub Judge-cum-Judicial Magistrate.
(3.) Having joined the judicial service the appellant made a representation to the High Court submitting that the Ex-Servicemen (Reservation of Vacancies in the Himachal Pradesh Judicial Service) Rules, 1981, hereinafter 'Reservation Rules 1981' for short, provided for the period spent in approved military service, which was 11 years in the case of the appellant, being counted towards the Himachal Pradesh Judicial Service for the purpose of fixing pay and seniority. By an order dated 31-8-1989 the High Court fixed the pay of the appellant by giving him credit of 11 years approved military service. All the increments which the appellant would have been entitled to, if he would have spent the period of approved military service in Himachal Pradesh Judicial Service, were released to him. However, as the High Court had not fixed the appellant's seniority by giving him the benefit of the period spent in approved military service by counting the same fictionally as having been spent in Himachal Pradesh Judicial Service, the appellant made further representations in the year 1990 claiming such benefit. The High Court of Himachal Pradesh invited objections of all concerned to the claim made by the appellant. On 1-11-1991, having considered the objections preferred and after affording opportunity of hearing to all such as wished to be heard, the High Court by its decision dated 1-11-1991 allowed the representations made by the appellant. He was given the benefit of the period spent in approved military service being counted for the purpose of seniority in Himachal Pradesh Judicial Service. He was placed at the bottom of the 1974 batch of judicial officers. Prior to the abovesaid decision of the High Court the appellant was placed at Sl. No. 43 of the seniority list issued in December, 1990. As a result of his representations having been accepted in terms of the order dated 1-11-1991 passed by the High Court the appellant stepped up to Sl. No. 13 of the said seniority list.;