DHARAM PAL Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) The petitioner, who is an Ex-serviceman, had joined the Indian Navy on 10.09.1971 with the designation of 'Boy', and eventually upon completion of service was released as a Petty Officer (Electrical) on 31.12.1983, as per the certificate Annexure P-1. He thereafter joined as an Assistant Electrician-cum-Helper on 30.10.1989 in the Haryana Civil Secretariat, on an ad hoc basis in the pay-scale of Rs.775-12-955-EB-14- 1025. (Nothing is stated as to when he was given a regular appointment thereafter).

(2.) By this petition, he is seeking quashing of the letter Annexure P-8, dated 12.08.2011, communicated to him from the office of the Chief Secretary to the Government of Haryana, refusing to grant him the benefit of pay fixation in terms of the letter of the Government of India dated 22.01.1991 (Annexure P-3), on the ground that the said instructions have not been adopted by the State Government.

(3.) As per the petitioner, a decision was taken vide the aforesaid letter, that ex-Servicemen who are similarly situated can opt to combine their service for pension under Rule 19 of the CCS (Pension) Rules, 1972, by surrendering their pensionary benefits; in respect of which earlier also a letter is stated to have been issued on 11.04.1963 by the Deputy Secretary to the Government of India, Ministry of Defence, (to all Ministries in the Government of India), stating therein that the pay of ex-combatant Clerks who retired/ were released from service in the Armed Forces, on reemployment as Lower Division Clerks/Junior Clerks on civil posts, would be entitled to count their Military service as equivalent service rendered as such Lower Division Clerks/Junior Clerks in civil departments, irrespective of the pay they were drawing from the Armed Forces.