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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Ranjeet Singh – Appellant
Versus
State Of Hp – Respondent
| Table of Content |
|---|
| 1. ex-serviceman's delayed joining due to departmental inaction. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. rejections citing recruitment process despite court directions. (Para 8 , 9 , 10 , 11) |
| 3. mandatory 15-day appointments for ex-servicemen nominations. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. authorities' delay counts as qualifying service. (Para 18 , 19 , 20) |
| 5. deemed early appointment grants pension benefits. (Para 21 , 22 , 23) |
JUDGMENT :
Jiya Lal Bhardwaj, J.
The petitioner, by way of present writ petition, has prayed for the following substantive reliefs:-
“ i) That the office order dated 08.11.2010 Annexure P-11 and office order dated 20.01.2012 Annexure P-15 may very kindly be quashed and set aside and the petitioner may kindly be held entitled for the benefit of period from 30.05.1995 to 22.02.1996 for qualifying service for pension and retiral benefits etc.
ii)That the petitioner may also be held entitled for counting his past Military Service from July, 1967 to July, 1991 towards qualifying service for the purpose of pension and other retiral benefits.”
2. The grievance of the petitioner as has been highlighted in the present writ petition is that he is aggrieved by no
Ex-servicemen nominees must be appointed within 15 days per government instructions; authority delays deem appointment effective from that date, counting as qualifying service for pension.
A belated claim for service-related benefits is generally barred by delay and laches unless it arises from a continuing wrong, which was not established in this case.
Similarly situated ex-servicemen from same nomination lists entitled to parity in retrospective regular appointment as per requisition and government timelines, quashing discriminatory prospective re....
Delayed appointment due to employer's fault entitles candidate to notional seniority and consequential benefits from co-selectees' appointment date, without back wages.
Candidates whose selection processes were completed prior to 1 January 2004 are entitled to benefits under the Old Pension Scheme, regardless of their appointment dates due to administrative delays.
Delays in appointment due to prioritizing junior candidates necessitate recognizing the original joining date for benefits, including salary and pension.
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