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Judgment
Hon'Ble Siddharth Nandan, J.
Heard Shri Ashutosh Pandey, learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
The present writ petition has been filed with the following prayer:
"(i)issue a writ order or direction in the nature of mandamus directing the respondent concern to compute the earlier petitioner's Army/Military service and after its inclusion with present civil service, make fixation as provided under Civil Service Regulation 526 and thereafter award all consequential benefits along with pensionary benefits along with due interest in favour of petitioner in accordance with law.
(ii)issue a writ order or direction in the nature of mandamus directing the respondent concern to take attention on the representation of the petitioner dated 23-4-2026 and reminder dated 16-5-2026 in accordance with law.
(iii)issue any such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case.(iv) award the cost of the petition to the petitioner, against the respondents."
The contention of learned counsel for the petitioner is that the issue involving the computation of the services rendered in Army / Military and its inclusion with the present civil services, for the purposes of fixation under Regulation 526 of the Civil Service Regulation and thereafter award of consequential benefits along with pensionary benefits and interest has already been considered by a Coordinate Bench of this Court by its decision dated 19.03.2026 in Writ-A No. 51 of 2026 (Havaldar Singh Vs. State of U.P. and 3 Others).
Learned counsel for the petitioner submits that he has rendered 25 years, 8 months and 3 days of service in Indian Army, before joining the civil services as Education Instructor. He further submits that Regulation 526 of the Civil Services Regulation specifically provides that when a person who was formerly in military service, obtains an employment in civil services, after having been granted military pension, the authority competent to fix pay and allowances of the post in which he is re-employed has the power to take into account the amount of such pension while fixing the pay and allowance of the civil post.
The regulation thus contemplates that previous military service is liable to be taken into account for the purposes of fixation and re-employment.
He has further relied upon various Government Orders issued by the State Government from time to time, particularly the Government Order dated 18.05.1983, 18.02.1987 and 05.06.1999, which lays down the manner in which military pension is to be treated, while fixing the pay of military pensioners re-employed in civil services.
The said issue has also been considered in the judgment of this Court in Hans Nath Dwivedi Vs. State of U.P. (Civil Misc. Writ Petition No. 32139 of 2007), decided on 21.10.2010; reported in 2011 (3) ADJ 735 and Hari Chand Vs. State of U.P. in Writ-A No. 36642 of 2015, decided on 23.08.2016.
Learned Standing Counsel has not disputed the aforesaid legal position and submits that the re-fixation shall be done, as per law.
This Court finds that the petitioner has already retired on 31.03.2017 and more than 9 years have lapsed; and in spite of the settled position of law, which has also not been disputed by the learned Standing Counsel, no action has been taken by the authorities concerned.
In view of the above, no fruitful purpose shall be served in keeping the petition pending and accordingly by the consent of the parties the same is being decided at admission stage; with a direction upon the concerned respondent-Authority to give effect to the legal position and compute the petitioner's service benefits accordingly, including his military services rendered from 28.09.1978 to 31.05.2004, along with his civil services (10.10.2006 to 31.03.2017) i.e. a total 38 years 6 months and 3 days, in accordance with the Civil Services Regulation 2026-27 and the Government Orders as referred to hereinabove; and grant all the consequential services and retirement benefits including the arrears along with the applicable interest, payable to the petitioner.
The aforesaid exercise shall be completed within a period of eight weeks from the date of certified copy of this order is produced before the Competent Authority.
With the aforesaid observations/directions, the writ petition stands disposed off.