Partap Chand vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1679

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Partap Chand – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Shashwat Dadwal, Advocate
For the Respondents:Mr. Navlesh Verma, Additional Advocate General

Table of Content
1. ex-serviceman-obc nominated for jbt against unfilled vacancies. (Para 1 , 2)
2. no obc vacancy available; unfilled sc/st posts. (Para 3 , 6)
3. sainik welfare only nominates candidates. (Para 4)
4. petitioner confirms ex-serviceman-obc status. (Para 5)
5. court observes registration and nomination details. (Para 7 , 8)
6. petition dismissed; non-appointment not illegal. (Para 9)

JUDGMENT :
Ranjan Sharma, Judge

Petitioner, Partap Chand, had initially filed Original Application No.1148 of 2005 before State Administrative Tribunal and upon abolition of Tribunal, the matter stood re-transferred to this Court, as CWPOA No.577 of 2019, seeking the following reliefs :-

“The respondents No. 1 & 2 may kindly be directed to issue appointment letter to the applicant as JBT and to appoint him at a suitable place, with all consequential benefits.”

FACTUAL MATRIX:

2. Grievance of the petitioner as put forth by Learned Counsel for the petitioner is that he joined Armed Forces in 1987. During service in the Armed Forces, the petitioner passed his JBT and as per norms got registered with Sainik Welfare Board [Exservicemen Cell] Hamirpur on 03.07.2001. Thereafter the petitioner sought volunt