Sanjay Kumar & Ors. vs State Of Haryana & Ors.

NIDHI GUPTA, J. (ORAL)

Prayer in this petition filed under Article 226 of the Constitution of India is for quashing the Circular dated 16.02.1999 (Annexure P-19) whereby respondent No. 2 issued the clarification that for Ex-Combatant Clerks retired from Armed Forces and reemployed as LDC/ Junior Clerks in civil posts under these Rules, the fixation of pay on re-employment shall be fixed after deducting the amount of pension from the pay fixed under this rule after ignoring the amount of Rs. 15/- thereof and only the net pay is payable. Despite the fact that the pay in respect of the then similarly situated employees [ i.e. persons Re-employed before 16.02.1999 letter (Annexure P-19)] was fixed after ignoring the entire pension as per the provisions of Circular dated 27.08.1998 (Annexure P-18); AND/OR for issuance of direction to the respondents to implement the provisions of Circular dated 27.05.1983 (Annexure P-11) whereby, it was duly stated that in case of Personnel Below Commissioned Officers rank the entire pension amount shall be ignored for the fixation of pay on re-employment of Ex-Servicemen in the Civil Departments, in its letter and spirit. And re-fix the pay on re-employment of the petitioners after ignoring the entire pension received by them for their service in the Armed forces as already done in case of the then similarly situated employees under the provisions of Circular dated 27.08.1998 (P-18) AND /OR further for issuance of a direction to the respondents to pay the arrears of salary to the petitioners after re-fixing their salaries in Civil Departments after ignoring the entire pension of Ex-Combatant Clerks w.e.f. the date of their re-employment in the Civil Department along with interest @18% per annum.

At the very outset, learned counsel for the petitioners submits that all the 75 petitioners herein are Ex-Servicemen. After retirement from Armed Forces, the petitioners have joined the respondent-State on various posts. It is submitted that in terms of judgment of this Court dated 18.12.1995 passed in CWP--11351-1995 titled as ‘Krishan Thakran vs. state of Haryana and others’, the petitioners are entitled to the benefit of increment, keeping in view the past service rendered by them in Armed Forces. It is pointed out that pursuant to the judgment dated 18.12.1995, the respondents have also issued Instructions dated 27.08.1998, for fixation of pay of Ex-servicemen on re-employment with the respondent-State. It is accordingly submitted that the petitioners would be satisfied at this stage if the present Civil Writ Petition is disposed of with a direction to respondents to consider and decide the claim of the petitioners in a time bound manner while keeping in view the judgment of this Court dated 18.12.1995 (Annexure P-15) and Instructions dated 27.08.1998 (Annexure P-18).

Learned counsel for the respondent-State submits that he has ‘no objection’ in case the limited prayer made by learned counsel for the petitioners at this stage, is accepted.

After hearing learned counsel for the parties and without commenting on the merits of the present petition, the same is disposed of with a direction to the respondents/Competent Authority, concerned, to forthwith consider and decide the claim of the petitioners by passing a speaking and reasoned order, in accordance with law and in light of judgment of this Court dated 18.12.1995 (Annexure P-15) and Instructions dated 27.08.1998 (Annexure P-18) within a period of 06 months from the date of receipt of a certified copy of this order.

Pending application(s), if any, shall also stand disposed of.