WRIT PETITION 9354 of 2008 on 25 July 1963

25.11.2009.Present:

Mr. K.B. Khajuria, Advocate, for the petitioner.

Mr. Adarsh Sharma, Advocate, for respondents No.1 and 2.

Petitioner had served the Indian Army with effect from 25.7.1963 to 31.7.1979. He was appointed in the respondent-Corporation on daily wages basis and later on his services were regularized on 7.1.1982.

Mr.Khajuria, learned counsel for the petitioner has vehemently argued that his client was entitled to get the benefit of approved military service for the purpose of seniority and pay fixation.

Mr. Adarsh Sharma, learned counsel for respondents No.1 and 2 has strenuously argued that the petitioner in fact was appointed against the post reserved for Scheduled Caste category and not against the post reserved for Ex-serviceman.

We have heard the learned counsel for the parties and gone through the pleadings carefully.

A bare perusal of the reply reveals that the petitioner though was Ex-serviceman was appointed against the post reserved for Scheduled Caste category. He has never made representation during his entire service career for the redressal of his grievances. Even this petition has been filed after retirement. It was necessary for the petitioner to make representation immediately after his appointment/regularization in case he wanted to get the benefit of approved military service. The petitioner should have been given his option as per the instructions issued on the subject in case he wanted to be considered for the vacancy reserved for Ex-serviceman in future. He has also not placed any material on record to establish that any vacancy had occurred after his appointment in the category of Ex-serviceman.

The present writ petition is belated and the relief sought for cannot be granted at this belated stage. Moreover, he was appointed against the post, which was reserved for Scheduled Caste category. There is no merit in the writ petition and the same is dismissed.

(R.B. Misra), ACJ.

25[th] November, 2009. (tr)

(Rajiv Sharma), J.