Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Ramesh Chand – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. ex-serviceman seeks military service count for civil pension despite no benefits. (Para 1 , 2) |
| 2. state rejects claim lacking military pension and prior grievances. (Para 3) |
| 3. petitioner claims pension parity with pay and seniority benefits. (Para 4) |
| 4. rule 19 requires refunding military pension or gratuity. (Para 5 , 6) |
| 5. compassionate discharge without refundable benefits bars service count. (Para 7) |
| 6. writ dismissed; prior rejections upheld. (Para 8 , 9) |
Judgment :
Ranjan Sharma, J.
Petitioner [Ramesh Chand], a re-employed ex-serviceman, has approached this Court for the following reliefs:-
“7(i) That the impugned order dated 11.2.2015 may very kindly be quashed and set aside and the applicant may be held entitled for counting of approved military service towards pensionary benefits. Respondents may further be directed to calculate the pensionary benefits after adding the qualifying military service and arrears thereof may be paid to him alongwith interest at some nationalized ban’s rate. The Gratuity, Leave Encashment and Pension of the applicant may also kindly be revised and arrears thereof be paid to him.”
FACTUAL MATRIX:
2. Grievance of the petitioner is that he
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....
Change in pension qualification rules may necessitate a reconsideration of prior options under pension law, ensuring fairness and equitable treatment.
Non-pensionable prior military service not countable for pension under Railway Pension Rules 1993 for post-2004 NPS appointees; Rule 34 inapplicable without prior pension receipt; claim barred by 11-....
Dismissal after imprisonment for the same offense constitutes double punishment; the period of dismissal must be treated as qualifying service for pension computation.
The court ruled that past services in the territorial army can be counted for pension under the applicable rules at the time of joining, regardless of subsequent rule changes.
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....
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
