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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Dilbag Singh – Appellant
Versus
HRTC – Respondent
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 give
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....
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 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.
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....
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