VidhiSangh

Supreme Court of India · 25/08/2017

R. K. BARWALAND OTHERS versus STATE OF HIMACHAL .PRADESH AND OTHERS

[2017] 9 S.C.R. 671 · 2017 INSC 807

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld reading down the Himachal Pradesh 1972 Rules so that military-service credit for civil seniority was confined to those joining the armed forces during emergency due to foreign aggression. Reservation and pay protection stood on a different footing. It declined reconsideration of the precedents and separately rejected the State’s appeal concerning its failure to offer an eligible employee the prescribed reserved-vacancy option.

Issues

  1. Whether peacetime military service could be counted for civil seniority under Rule 5(1).
  2. Whether the precedents required reconsideration because of contemporary military risks.
  3. Whether failure to offer the prescribed reserved-vacancy option could prejudice an employee.

Provisions considered

Held

Result

Principal appeals dismissed; the delayed special leave petition dismissed on limitation and merits. The separate State appeal concerning the Peon’s reserved-vacancy option also dismissed.

Judgment PDF: Supreme Court of India, [2017] 9 S.C.R. 671.