STATE OF H.P. & ANR. versus ANJANA DEVI & ORS.

Ex-servicemen appointed to technical services in general vacancies prior to 3.5.1983 are not entitled to claim, by option, the benefits of seniority and pay fixation granted to those appointed after the introduction of reservation for ex-servicemen in technical posts. The choice of 3.5.1983 as the cut-off date is...

Source-derived case information.

Parties: Appellant: STATE OF H.P. & ANR.; Respondent: IANA DEVI & ORS.
Jurisdiction: India
Judgment Date: 17 March 2009
Procedural Posture: Civil Appeal / Judgment on Appeal From High Court
Outcome: Appeal allowed
Legal Topics: Reservation in Technical Services, Seniority and Pay Fixation, Reservation for Ex Servicemen, Constitutional Law Article 14

Service Law Reservation in Technical Services Seniority and Pay Fixation Reservation for Ex Servicemen Constitutional Law Article 14

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Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2

Parties

STATE OF H.P. & ANR.

Appellant

IANA DEVI & ORS.

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

1 Whether ex-servicemen appointed prior to 3.5.1983 to general (non-reserved) technical posts in Himachal Pradesh are entitled, by option, to count their military service for seniority and pay fixation by virtue of the Ex-Serviceman (Reservation of Vacancies in Himachal Pradesh Technical Services) Rules, 1985.

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Orders of the Tribunal and the High Court are set aside.
Original applications dismissed.

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