CIVIL APPEAL 7442 of 2008 on 2 June 1965

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP(T) No. 7442 of 2008.

Decided on: 14[th] December, 2010.

Om Parkash Sharma.

…Petitioner. -Versus-

The State of H.P. and Others.

…Respondents.

Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?[1] No.

__________________________________________________________ For the petitioner. :Mr. Ashwani K. Sharma, Advocate. For the respondents. : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General, for the respondents.

---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral):

Petitioner was appointed as J.B.T. teacher on 02.06.1965 in the Education Department. He joined the Indian Army on 07.10.1965. He was discharged on 22.02.1981. He re-joined his duties on 23.01.1981. Case of the petitioner, in a nut-shell, is that he is entitled to economic benefits. 2. Case of the respondents, precisely is that petitioner has not pleaded under what provisions of law he is entitled to economic benefits.

3. I have heard Mr. Ashwani K. Sharma, learned counsel for the petitioner and Mr. P.M. Negi, learned Deputy Advocate General for the respondents. 4. Petitioner has not placed on record any contemporaneous material to establish his claim. In case the 1Whether the reporters of the local papers may be allowed to see the judgment?. No.

petitioner is seeking any benefits, he is required to place on record the instructions/regulations etc., entitling him to the same. Merely stating that he is entitled to economic benefits is not sufficient. In fact, the petitioner had been granted revision of pay scales and his Military service has been counted towards pensionary and other economic benefits, as per the averments contained in the reply. Petitioner has failed to substantiate his claim.

5. Accordingly, there is no merit in this petition and the same is dismissed. No costs.

December 14, 2010. (bhupender)

(Rajiv Sharma) Judge