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2025 Supreme(HP) 1358

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Kuldeep Singh – Appellant
Versus
State of H.P. – Respondent


Advocate Appeared:
For the Petitioner:Mr. Ankush Dass Sood, Senior Advocate with M/s Vivek Negi, Gaurav Chaudhary, Ruchirangad Singh, Advocates
For the Respondents:Ms. Seema Sharma, Dy. A.G., Mr. Surya Chauhan, Advocate, Mr. N.S. Chandel, Sr. Advocate with Mr. Vinod Gupta, Advocate Mr. C.N. Singh, Advocate, Ms. Nidhi Singh, Advocate and Mr. Anshul Gandhi, Advocate

Table of Content
1. ex-servicemen claim military service for civil seniority weightage (Para 1 , 2 , 3 , 4 , 5)
2. procedural challenges to seniority lists resolved partially (Para 6 , 7 , 8 , 9)
3. rule 5(1) unconstitutional for non-emergency ex-servicemen (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
4. notifications cannot dilute judicial declaration of unconstitutionality (Para 18 , 19 , 20 , 21 , 22 , 23)
5. petition dismissed lacking legal basis (Para 24 , 25)
JUDGMENT :
Satyen Vaidya, Judge

By way of instant petitioner, the petitioners have prayed for grant of following reliefs:-

“a. Call for the records;

b. Quash and set aside office order dated 13.12.2019 issued by the Director General, Prisons and Correctional Services (Annexure P- 12);

c. Direct the respondents to accord the benefit of past service rendered by the petitioners in the armed forces in computing their respective Seniority;

d. Direct the respondents not to promote anyone by superseding the petitioners and not to convene DPC for that purpose of promotion to the post of Head Warders (HW) and Assistant Superintendent Jail (ASJ);

e. Quash and set aside the tentative and final Seniority lists issued on 20.2.2018 and 7.3.2018 f


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