Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ms. Justice Jyotsna Rewal Dua, J
Manujeshwar Kumar – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Despite grant of final opportunity subject to payment of costs for filing reply, the respondents have not filed the same. Hence, the matter is taken up for hearing.
2. Petitioner was enrolled in Armed Forces on 22.02.1995. He retired from Armed Forces on 31.01.2012. Petitioner was re-employed in civil service as Trained Graduate Teacher on 07.06.2017 on contract basis against the post reserved for Ex-servicemen. His services were regularized on 28.10.2020. Petitioner’s grievance is that the respondents have not granted the benefit of approved military service of the petitioner towards fixation of his pay.
3. Learned counsel for the petitioner submits that the case of the petitioner for grant of benefit of approved military service towards fixation of pay from the date of joining the civil employment 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 Deputy Advocate General disputes the above fact and submits that the benefit of approved military service to the petitioner towards fixation of pay in civil employment was denied
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 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 despite amendments to relevant rules, as prior judicial decisions affirm this entitlement.
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....
Ex-servicemen appointed before the amendment notification are entitled to count approved military service for pay fixation, regardless of subsequent educational qualification requirements.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
