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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Kuldeep Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Sandeep Sharma, J.)
By way of instant petition, petitioner has prayed for following main reliefs:
“(i) That the Respondents may kindly be directed to re-fix the pay of the petitioner by giving benefit of full military service i.e.16 years.
(ii) The Respondents may kindly be directed to pay the interest @ 9% on the amount of arrear of pay fixation which was unreasonably denied to the petitioner till date.”
2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ramesh Kaundal, learned counsel representing the petitioner, is that benefit of approved military service for the purpose of fixation of pay cannot be denied in terms of amendment carried out in Rule 5 of new Demobilized Armed Forces Personnel (Reservation of Vacancies in the Himachal Pradesh State Non-Technical Services) Rules, 1972 (in short “Rules”), rather in terms of aforesaid notification, period of approved military service rendered prior to attaining the minimum age and educational qualification prescribed for appointment to the relevant services by the candidates appointed against reserved vacancies shall not be taken into consideration for the purpose o
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 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 appointed before the amendment notification are entitled to count approved military service for pay fixation, regardless of subsequent educational qualification requirements.
Ex-servicemen are entitled to count approved military service towards pay fixation, regardless of subsequent amendments, if appointed before the amendment's enactment.
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.
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....
Provision declared unconstitutional is void ab initio and non est; executive notifications cannot dilute judicial declaration without legislative action removing constitutional defect.
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