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Himachal Pradesh High Court · body

2000 DIGILAW 258 (HP)

SANTOSH KUMAR v. STATE OF HP & ORS

2000-09-21

AVTAR SINGH, NARINDER SINGH THAKUR

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ORDER This application has been filed by the petitioner against the inaction of the respondents in not giving him the benefit of the approved military service rendered by him in the Army for the purpose of pay fixation and seniority. Consequent upon his appointment as Clerk under the respondents on 24.10.1974. 2. Briefly the case as set out in the original application is that the applicant was enrolled in the Army on 20.6.1967. The copy of the enrolment card is annexed as Annexure A-1, He was discharged from the Army on 30.9.1993. The discharge Card is annexed as Annexure A-2. Thus the applicant rendered six years service in the Army. After being discharged from the Army, the applicant got himself registered with the Employment Exchange (Ex-serviceman Cell). He remained out of job from the date of his discharge till the date his name was requisitioned by the present respondents and sponsored/nominated by the Ex-Servicemen Cell for being appointed as a Clerk against the reserved vacancy, meant to the Ex-Serviceman. In pursuance to the applicants name having been sponsored/nominated by the Ex-servicemen Cell for being appointed as a clerk against a reserved vacancy, then applicant joined his duties as a clerk against a reserved vacancy on October 24,1974 at pangi. Since the applicant was an Ex- serviceman and he was appointed against the reserved vacancy for; Ex-serviceman, such employee/person is entitled to the benefit of the approved military service rendered by him in the Army, for the purpose I of any fixation and seniority as per Rule (5) of the H.P. Demobilized Rules, 1972. The petitioner has been granted the benefit of pay fixation vide Annexure-R/3, dated 29.8.1982, but they have not granted the seniority. The rule 5 is reproduced herein in full for the sake of convenience: "The seniority of ex-servicemen after their re-employment in the civil service is required to be fixed as per provision of rule 5(1) of the Demobilized Armed Forces personnel (Reservation of Vacancies in Himachal State Non-Technical Services) Rules, 1972. This Provides that: Only the period of approved military service rendered after attaining the minimum age prescribed for appointment to the service concerned by the candidates appointed against reserved vacancies under the relevant rules shall count towards fixation of pay and seniority in that service." 3. This Provides that: Only the period of approved military service rendered after attaining the minimum age prescribed for appointment to the service concerned by the candidates appointed against reserved vacancies under the relevant rules shall count towards fixation of pay and seniority in that service." 3. As such as per rule he submits that he is entitled not only the benefit of pay fixation of approved military service but also entitled for the benefit of seniority. 4. The respondents in reply para 6-4 have admitted that the petitioner was appointed against the reserved vacancy of Ex-serviceman. In reply to para 6-10, the respondents submitted that the applicant had given the option for assigning seniority in the cadre of clerks on 1.12.1981 Annexure R-4 & R-4(A) and he was asked to supply documents before his case for assigning seniority was to be considered vide letter dated 3.6.1982, Annexure A-5 and the requisite documents were received on 5.11.1985 as per Annexures R-6, R-6(a) R-6 (b), R-6(c) & R-6 (d) and as such he was assigned seniority with effect from 6-4-1986 below Shri Nardev Singh Sr. No. 86 and above Smt. Harbans kaur Sr. No. 87) in the seniority list of clerks an it stood 30.9.1995. 5. We have gone through the Demobilized Armed Forces Personnel (Reservation of Vacancies in Himachal State Non-Technical services) Rules, 1972. We do not find any provision for seeking option in the case of persons appointed against the vacancy of Ex-Servicemen. We do not know as to why the question of option has been raised. The Rule provided that as soon as the Ex-serviceman is appointed against the reserved vacancy, he is entitled for the benefit of approved military service. As pointed out earlier that the petitioner has been given the benefit of pay fixation for the approved military service, but it has been denied the benefit of approved military service for the purpose of seniority from due date. In fact as per Rule 5(1) and 5(3) the benefit of approved military service is required to be given not only for the purpose of pay fixation but seniority also from the date of his appointment. No other points have been stressed by the learned counsels for the parties. 6. In fact as per Rule 5(1) and 5(3) the benefit of approved military service is required to be given not only for the purpose of pay fixation but seniority also from the date of his appointment. No other points have been stressed by the learned counsels for the parties. 6. Accordingly we allow the application and direct the respondents to give the benefit of approved military service rendered by the applicant for the purpose of seniority with all consequential benefits. 7. With these observations the application is finally disposed of with no order as to costs.