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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Sanjeev Kumar – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. full military service counts for pre-amendment pay fixation. (Para 1 , 7 , 23) |
| 2. ex-serviceman's civil appointment before amendment, delayed joining. (Para 2 , 3 , 4) |
| 3. arguments on retrospective effect of rule 5 amendment. (Para 5 , 6) |
| 4. rule 5(1) counts military service post-minimum age. (Para 8 , 9) |
| 5. behal judgment prompts amendment limiting pre-qualification service. (Para 10 , 11 , 12) |
| 6. babu ram: amendment prospective, full service for prior appointees. (Para 13 , 14 , 15) |
| 7. appointment offer crystallizes rights under unamended rules. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
JUDGMENT :
Sandeep Sharma, J.
Primarily the question, which needs to be determined in the case at hand is “whether the benefit of approved military service for the purpose of pay fixation in terms of Sub-Rule 1 of Rule 5 of Rules, 1972, can be denied to the Ex-servicemen in terms of amendment carried out in aforesaid Rule 5 vide Notification dated 29.01.2018, wherein it came to be provided that only the period of approved military service rendered after attaining the minimum age and educational qualification prescribed for the service concerned by the candidate against reserved vacanc
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 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 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....
Provision declared unconstitutional is void ab initio and non est; executive notifications cannot dilute judicial declaration without legislative action removing constitutional defect.
Determination of seniority of an employee is dependent upon extant Rules.
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