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2006 Supreme(HP) 300

VIJAY PAL SINGH
SANT KUMAR SHARMA – Appellant
Versus
STATE OF H. P. THROUGH SECRETARY (WELFARE) TO THE GOVERNMENT OF H. P. SHIMLA – Respondent


Advocates Appeared:
Mr. P.P. Chauhan, Advocate, for the Applicant; Mr. Gopal Sisodia, Law Officer, for the Respondents State.

JUDGMENT

Vijay Pal Singh, Member (Adm.).—The applicant herein has prayed for the following reliefs:— (a) To quash the impugned order dated March 20, 2002 and March 26, 2002 (Annexure A-3 and Annexure A-4) whereby the representation of the applicant for counting of his previous military service for pensionary benefits on re-employment has been rejected: (b) Direct the respondent to confirm the applicant and afford an opportunity to the applicant to exercise his option to count his entire military service for the purpose of pensionary benefits from his present employment and (c) Direct the respondents to count entire military service of the applicant for pension and grant pension with all consequential benefits with interest @ 18% p.a.

2. In brief the ease of the applicant as set out in the Original Application is that the applicant has served in the Indian Air Force for about 21 years from July 14, 1966 to August 1, 1987. On retirement from Air Force, the applicant re-joined the service as Tehsil Welfare Officer in the respondent department on April 28, 1998 through Ex-Serviceman Cell against the reserved vacancy. The applicant is in receipt of pension from the Army. That after joinin









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