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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Ex. Hav (Clk) Surjit Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. ex-servicemen nomination process for regular assistant librarian posts (Para 1 , 2 , 3 , 4 , 5) |
| 2. parity claim with co-nominated ex-servicemen's retrospective benefits (Para 6) |
| 3. prior judgments in personam not extendable to non-parties (Para 7 , 8) |
JUDGMENT :
Ranjan Sharma, Judge
Petitioners [Surjit Singh Thakur & Kishore Chand] having retired from the post(s) of Assistant Librarians from the Education Department of the State have come up before this Court, seeking the following reliefs:-
“(i). That the order dated 12.07.2017 passed by the respondents as Annexure A-8 may kindly be quashed and set aside.
(ii). That the respondents may kindly be directed to appoint the applicants as Assistant Librarian (School Cadre) on regular basis will all consequential benefits and seniority in terms of the judgment dated 24.07.2010, Annexure A-7].
(iii).That the respondents may very kindly be directed to grant same and similar relief/benefits to the applicants as has been extended to the petitioners in O.A. No. 2303/2003 and CWP (T) No. 14614/2008.”
FACTUAL MATRIX:
2. Case as set-up by the Learned Senior Counsel for the petitioners is that the petitioners herein, namely [Surjit Singh
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....
Homogeneous cadre of Assistant Librarians entitled to uniform pay scales including UGC benefits despite post-new rules regularization, as appointments predated prospective 2010 rules; parity prevents....
Petitioners being similarly situate and discharging similar duties and working in the same cadre could not be given different treatment.
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.
The court ruled that individuals denied appointments due to administrative errors retain entitlement to benefits and seniority on par with their counterparts, affirming parity despite delayed appoint....
Ex-servicemen registered in specific subcategory (OBC) entitled only against OBC reserved posts under horizontal reservation; cannot claim unfilled UR/SC/ST posts; no automatic appointment right from....
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