CIVIL APPEAL 10073 of 2008 on 21 April 1994

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP (T) No. 10073/2008 Decided on:20.12.2010

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Brahma Nand. Versus State of H.P. and others.

…Petitioner.

…Respondents.

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Coram:

Hon’ble Mr. Justice Rajiv Sharma, Judge.

Whether approved for reporting?[1] No

For the petitioner : Nemo.

For the Respondents: Mr. M.P. Negi, Dy. A.G. with Mr. J.S. Guleria, Asstt. A.G.

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Rajiv Sharma, Judge (oral).

Petitioner joined Indian Army on 28.6.1967. He was discharged on 30.6.1991. He joined the Health Department on 21.4.1994 against the post of Operation Theatre Assistant. He had appeared in interview on 17.9.1993 and he joined his duties, as Operation Theatre Assistant on 21.4.1994. However, his appointment was considered against the general category. Respondent-Department has not sought his option, as per instructions 18.4.6 contained in Handbook on Personnel Matter (Vol. 1) 2[nd] Edition. It was incumbent upon 1 Whether reporters of the local papers may be allowed to see the judgment? No the employer to seek petitioner’s option whether he would like to be considered against the post reserved for ex-serviceman, if it occurs after his appointment.

2. Consequently, the petition is disposed of with a direction to the respondents to consider the case of the petitioner by seeking his option whether he would like to be considered against the post reserved for ex-serviceman, if it had become available after his appointment as Operation Theatre Assistant. Needful be done within a period of two months from the date of production of certified copy of this judgment. No costs.

20.12.2010 *awasthi*

(Rajiv Sharma), Judge