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 positions of Exservicemen before the date of judgment of High Court i.e 29.12.2008 may be maintained.

(ii) In the cases pending for decision before and after 29.12.2008, the benefit of counting the past service rendered in the armed forces towards seniority in first civil employment against reserved vacancy in the case of Exservicemen who have not joined the Armed forces during the period of emergency may not be given. However, the benefit of counting past service rendered in the armed forces towards pay fixation may be given.

(iii) In view of the points (i) and (ii) above, besides Prosecution Department, if positions of Ex-Servicemen have been altered in the seniority lists in accordance with the instructions dated 30.01.2018, the status quo ante may be restored.”

4. In the present case seniority has been granted to respondent No.2 on 20.8.2009 i.e after 29.12.2008. Therefore the present case is governed by the instructions contained in paragraph 5 (ii) of instructions dated 25.2.2019 reproduced supra and past service rendered by respondent No.2 in armed forces is only to be counted for pay fixation but not for granting seniority.

5. In view of the settled position of law and above discussion, order dated 20.8.2009 (Annexure P-14) is quashed and set aside and respondent-University is directed to extend all consequential benefits to the petitioner within four weeks from today. Petition stands disposed of alongwith pending applications.