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2021 Supreme(HP) 619

VIVEK SINGH THAKUR
RAMA SHARMA WIFE OF SH. BHAWANI SHARMA – Appellant
Versus
YASHWANT SINGH PARMAR UNIVERSITY OF HORTICULTURE & FORESTRY, NAUNI, SOLAN, DISTRICT SOLAN, H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. DILIP SHARMA, MANISH SHARMA, ADVOCATE.
For the Respondent:MR. AVINSH JARYAL, MR. LOVNEESH KANWAR, ADVOCATE

ORDER :

Petitioner has approached this Court being aggrieved by counting of past service of respondent No.2 rendered by him in Army for granting him seniority to the post of Library Assistant by respondent No.1 vide order dated 20.8.2009 leading to placement of petitioner below respondent No.2.

2. Law on issue involved in the present case is no longer res integra and has been settled in a pronouncement of this High Court in a case titled Shri V.K Behal and others versus State of H.P and others reported in Latest H.L.J 2009(HP) 402, which has been affirmed by the Supreme Court in case titled R.K Barwal and others versus State of Himachal Pradesh and others reported in (2017) 16 SCC 803.

3. It is also noticeable that consequent to the aforesaid pronouncements, Government of Himachal Pradesh has also issued instructions dated 25.2.2019 through Additional Chief Secretary to the Government of Himachal Pradesh to all Departments, Boards, Corporations with following advice in para 5 of these instructions to take action accordingly.

    “(i) No change is required in the seniority of those ex-servicemen who have been given the benefit of seniority under the extant rules. Therefore, the seniority p

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