Himachal Pradesh High Court
CWP/7859/2021 on 31 December 2021
2021:HHC:15588-DB
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 31st DAY OF DECEMBER 2021
BEFORE
HON’BLE MR. JUSTICE MOHAMMAD RAFIQ
CHIEF JUSTICE
&
HON’BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No. 7859 of 2021
Between:-
SHAILENDER SINGH,
SON OF SH. AMAR SINGH,
RESIDENT OF VILLAGE SAKMAND,
POST OFFICE DRAHAL,
TEHSIL JOGINDER NAGAR,
DISTRICT MANDI, (H.P.).
…..PETITIONER
(BY SH. SANJEEV KUMAR SURI, ADVOCATE)
AND
1.
STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HOME)
TO THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-2.
2.
DIRECTOR GENERAL OF POLICE,
CENTRAL RANGE, MANDI,
DISTRICT MANDI, H.P.
3.
DEPUTY INSPECTOR GENERAL OF POLICE,
CENTRAL RANGE, MANDI, DISTRICT MANDI,
H.P.
4.
SUPERINTENDENT OF POLICE,
MANDI, DISTRICT MANDI, H.P.
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5.
THE SECRETARY,
STATE SELECTION COMMITTEE,
SUB REGIONAL EMPLOYMENT OFFICE,
EX-SERVICEMEN CELL,
HAMIRPUR, DISTRICT HAMIRPUR, H.P.
.....RESPONDENTS
(BY SH. ASHOK SHARMA, ADVOCATE GENERAL
WITH SH. VIKAS RATHORE, ADDITIONAL ADVOCATE
GENERAL)
____________________________________________________
This petition coming on for admission this day, Hon’ble Mr. Justice Mohammad Rafiq, passed the following:
O R D E R
This writ petition has been filed by the petitioner- Shailender Singh, inter alia, with the prayer to direct the respondent-State to provide him age relaxation of two years at par such relaxation given to candidates belonging to General, SC/ST, OBC and Gorkha categories.
2. It is contended in the writ petition that due to Covid-19 pandemic, recruitment could not take place during past two years and therefore ex-servicemen, who were retired from Army during the period April 2018 to
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September 2021 were not able to apply. That as per notification (Annexure P-3) issued by respondent No.2- Director General of Police Himachal Pradesh dated 11.05.2015 only those ex-servicemen were eligible to be recruited who were below 45 years of age. However, what is also provided therein is that the break in service between the date of discharge from Army and entitlement in Police should be two years keeping in view the job requirement of the Police. It is further contended that relaxation of two years was granted to all categories i.e. General, SC/ST, OBC etc. but no such relaxation was granted to the ex-servicemen on the ground that during two years, no recruitment could take place due to Covid- 19 pandemic. It is also contended that relaxation in the age has been recommended by respondent No.5- Secretary State Selection Committee, Sub-Regional Employment Office Ex-Servicemen Cell Hamirpur, H.P.
3. If that be so, the petitioner shall make a representation to respondent No.2 within a period of one week from today, who shall in turn examine the grievances of the petitioner in the light of said
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recommendation & another similar cases and consider & decide the same within a period of fifteen days by passing a speaking order from the date of submission of such representation alongwith copy of this order. With the aforesaid direction, the present writ petition is disposed of alongwith pending miscellaneous applications, if any. ( Mohammad Rafiq ) Chief Justice
( Jyotsna Rewal Dua )
Judge December 31st, 2021 (rohit/vs)
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