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Himachal Pradesh High Court · body

2016 DIGILAW 581 (HP)

Prem Lal Rajpoot v. State Of H. P.

2016-04-27

D.K.SHARMA, HARINDER HIRA

body2016
JUDGMENT : 1. Heard 2. The present transferred application has been filed with the following prayers. "(i) That the appropriate writ/order or directions quashing the Annexure R/2, P/7 & P/9 may kindly be issued. (ii) That the Respondents may kindly be directed to implement the order dated 7 04.1998 Annexure P/4 and pay fixation order issued vide Annexure P/5 as these are in tune with the Demobilize Armed Forces Personnel (Reservation of Vacancies in Himachal State Non Technical Services Rules 1972 and the Govt. instructions. (iii) The Respondents may kindly be directed to re-fix the seniority of the petitioner giving all consequential financial and other service benefits and pay the arrears of pay and retiral benefits within a time bound period. (iv) The respondents may kindly be directed to pay interest @ 18% per annum for the date of accrual to the date of actual payment on the analogy it was awarded by the apex court and High Courts of this country in catena of cases. (v) The respondents may also kindly be directed to the cost of this litigation to the petitioner as he was fore to such avoidable litigation by the Respondents provision of rules and instructions in favour the petitioner." 3. It is not in dispute that the applicant is ex-serviceman. He was appointed as Clerk on 29.10.1985. The applicant is entitled to the benefit of letter dated 12.12.2011, Annexure R-5, regarding fixation of pay of the approved military service and not for seniority. The circular reads as under: "It is clarified that the benefit of fixation of seniority in Civil service to Ex-servicemen under para 5(1) of Demobilized Armed Forces Personnel (Reservation of Vacancies in Himachal State Non-Technical Service) Rule 1972, is not available to those ex-servicemen who joined the military services prior to 01.11.1962. However, as described in Hand Book on Personnel Matters, Volume-1 (Second Addition) in Chapter 18 under para 18.6.2, the benefits of fixation of pay of Ex-servicemen who have joined the military service prior to 01.11.1962 has been allowed by the Finance Department Vide No. Fin (c) B(7)-25/76 dated 2nd August, 1983 contained at pages 814-115 of Hand Book on-Personnel Matters, Voluem-1 (Second Edciton. As far as the question of judgment as stated to be advanced in, similar situated cases, the Department of Personnel has not issued any instructions/guidelines in the matter." 4. As far as the question of judgment as stated to be advanced in, similar situated cases, the Department of Personnel has not issued any instructions/guidelines in the matter." 4. The pay of the applicant has been fixed, vide Annexure P-1 dated 25.7.1985. The applicant has not been released monetary benefits on account of his pay fixation. 5. In view of the above, transferred application is disposed of with a direction to the respondents to release monetary benefits of pay fixation to the applicant within a period of three months from the date of this order. 6. The transferred application stands disposed of, so also the pending misc. applications, if any.