Himachal Pradesh High Court
CWP/7859/2021 of SHAILENDER SINGH Vs STATE OF HP AND ORS on 31 December 2021
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
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 31[st] 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.
5.THE SECRETARY,STATE SELECTION COMMITTEE,SUB REGIONAL EMPLOYMENT OFFICE,EX-SERVICEMEN CELL,HAMIRPUR, DISTRICT HAMIRPUR, H.P.
.....RESPONDENTS
(BY SH. ASHOK SHARMA, ADVOCATE GENERALWITH SH. VIKAS RATHORE, ADDITIONAL ADVOCATEGENERAL)
____________________________________________________
This petition coming on for admission this day,Hon’ble Mr. Justice Mohammad Rafiq, passedthefollowing:
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O R D E R
This writ petition has been filed by the petitioner-Shailender Singh, inter alia, with the prayer to direct therespondent-State to provide him age relaxation of twoyears at par such relaxation given to candidatesbelonging to General, SC/ST, OBC and Gorkhacategories.
2. It is contended in the writ petition that due toCovid-19 pandemic, recruitment could not take placeduring past two years and therefore ex-servicemen, whowere retired from Army during the period April 2018 to September 2021 were not able to apply. That as pernotification (Annexure P-3) issued by respondent No.2-Director General of Police Himachal Pradesh dated11.05.2015 only those ex-servicemen were eligible to berecruited who were below 45 years of age. However,what is also provided therein is that the break in servicebetween the date of discharge from Army and entitlementin Police should be two years keeping in view the jobrequirement of the Police. It is further contended thatrelaxation of two years was granted to all categories i.e.General, SC/ST, OBC etc. but no such relaxation wasgranted to the ex-servicemen on the ground that duringtwo years, no recruitment could take place due to Covid-19 pandemic. It is also contended that relaxation in theage has been recommended by respondent No.5-Secretary State Selection Committee, Sub-RegionalEmployment Office Ex-Servicemen Cell Hamirpur, H.P.3.If that be so, the petitioner shall make arepresentation to respondent No.2 within a period of oneweek from today, who shall in turn examine thegrievances of the petitioner in the light of said recommendation & another similar cases and consider &decide the same within a period of fifteen days bypassing a speaking order from the date of submission ofsuch representation alongwith copy of this order.
With the aforesaid direction, the present writpetition is disposed of alongwith pending miscellaneousapplications, if any.
( Mohammad Rafiq )
Chief Justice
( Jyotsna Rewal Dua ) Judge
December 31[st, ]2021 (rohit/vs)