Ex-servicemen appointed before the amendment notification are entitled to count approved military service for pay fixation, regardless of subsequent educational qualification requirements.

JUDGMENT :

(Jyotsna Rewal Dua, J.)

Petitioner is aggrieved against the action of the respondents-H.P. Road Transport Corporation in withdrawing the pay- scale earlier given to him and thereafter re-fixing his pay in the reduced pay-scale.

2. Facts

2(i) Petitioner joined the Indian Army on 07.01.1987. He was released from Army on 31.12.2002. Petitioner had approved military service of 15 years, 7 months and 27 days.

2(ii) Respondent-Corporation conducted a recruitment process for engaging Transport Multi Purpose Assistants (TMPA) in the year 2016. Petitioner participated in the selection process against the quota reserved for ex-servicemen. He was selected as such and appointment order was accordingly issued to him. Petitioner joined as TMPA on contract basis on 06.05.2017.

2(ii) Consequent upon recommendations of the Screening Committee, services of the petitioner were regularized as Conductor w.e.f. 16.11.2020 vide order dated 23.11.2020. Petitioner’s pay was fixed on 16.11.2021 (Annexure P-4) by giving him benefit of his approved military service of 15 years 7 months and 27 days.

2(iii) On 12.09.2024 (Anneuxre P-6), the respondents withdrew the benefit of approved military service given to the petitioner under the Demobilized Armed Forces Personnel (Reservation of vacancies in the Himachal State Non-Technical Services) Rules, 1972. This was statedly done in view of notification dated 29.01.2018 issued by the State Personnel Department as further clarified on 04.03.2024. As per notification dated 29.01.2018 and the letter dated 04.03.2024, requisite minimum age and qualification prescribed for appointment to the civil post is mandatory for getting the benefit of approved military service for pay fixation. According to the respondents, minimum qualification for the post of Conductor as per Recruitment and Promotions (R&P) Rules is 10+2. The petitioner was not in possession of minimum educational qualification, therefore, he was not entitled for the benefit of approved military service for the purpose of pay fixation.

2(iv) On the basis of above office order, the respondents refixed and reducing the pay of the petitioner on 03.10.2024 (Annexure P-5). Benefit of approved military service was not given to the petitioner while re-fixing his pay.

Feeling aggrieved, the petitioner has preferred this writ petition seeking following substantive reliefs:-

“i) That the impugned order dated 12.09.2024. 03.10.2024 (Annexure P-5) and (Annexure P-6) passed by the respondents No.2 & 3 may kindly be quashed and set aside being wholly unjustified, arbitrary, illegal, vivod-ab-intio, none stand violative of the judgment dated 15.07.202 titled as Amar Nath & Others Vs. State of H.P. & others by issuing a writ of certiorari and justice be done.

ii) That the writ in the nature of Mandamus may kindly be issued, Directing the respondents to allow the petitioner to continue to draw his pay in pursuance of vide office order date 02.11.2021 passed by the respondents respectively and not reduced the pay of the petitioner in any case and also not affect any recovery from the pay of the petitioner in the interest of justice.”

3. Submissions

3(i) Learned Senior Counsel for the petitioner submitted that the respondent had appointed the petitioner as TMPA (Contract) on 06.05.2017 on the basis of a recruitment process conducted by them. The said recruitment process was initiated under the Policy for Recruitment of Transport Multipurpose Assistant in Himachal Road Transport Corporation (Annexure R-1). Respondent had formulated separate rules for recruitment for the post of TMPA on contract basis. Petitioner satisfied the eligibility & educational criteria laid down in this policy and the rules for being recruited as TMPA. Pursuant to petitioner’s selection, he was appointed as TMPA (Contract) and joined as such on 06.05.2017. He was regularized in service w.e.f. 16.11.2020 under order issued on 23.11.2020. Petitioner’s Regularization was based upon the recommendations of