IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ms. Justice Jyotsna Rewal Dua, J
Ganesh Dutt – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Despite grant of final opportunity to the respondents to file reply to this writ petition under order dated 26.03.2025, reply has still not been filed.
With the consent of learned counsel for the parties, the matter is heard at this stage.
2. Petitioner was enrolled in Military Service on 27.06.1992. He was released from Military Service on 28.02.2013. Petitioner, as an ex-serviceman was re- employed in civil service as Physical Education Teacher (PET) on 21.11.2016 on contract basis. His services were regularized on 20.05.2020. Dispute in this petition is for grant of benefit of approved military service to the petitioner towards fixation of his pay in civil employment from the initial date of joining the same.
3. Learned counsel for the petitioner submits that the case of the petitioner for the relief claimed by him is squarely covered by the decision rendered in Babu Ram Versus State of Himachal Pradesh and others, CWP No.6443 of 2021 , decided alongwith connected matters on 09.05.2022. Learned counsel further submits that the petitioner did Army Institute Basic Course in the year 1998, which is equivalent to PET.
4. Heard learned counsel for the parti
Ex-servicemen are entitled to count approved military service towards pay fixation, regardless of subsequent amendments, if appointed before the amendment's enactment.
Ex-servicemen are entitled to count approved military service for pay fixation from the date of joining civil employment, despite subsequent amendments to the rules.
Ex-servicemen are entitled to count approved military service for pay fixation despite amendments to relevant rules, as prior judicial decisions affirm this entitlement.
Ex-servicemen appointed before the amendment notification are entitled to count approved military service for pay fixation, regardless of subsequent educational qualification requirements.
Amendment to Rule 5(1) restricting ex-servicemen's military service count for pay fixation to post-qualification period applies prospectively; full service benefit under unamended rule available to t....
Re-employed ex-serviceman discharged on compassionate grounds without military retiral benefits ineligible to count service as qualifying for civil pension under Rule 19 CCS (Pension) Rules, requirin....
Incorrect pay fixation for ex-servicemen due to non-application of Military Service Pay (MSP) principles after re-employment is not permissible under existing administrative guidelines.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.