TARLOK CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant is aggrieved by the order dated 28.6.2002 (Annexure A-4) wherein the pay of the applicant has been wrongly fixed. The applicant has not been granted the benefit of 6 years approved military service towards pay fixation and the applicant has only been given the benefit of 5 years of approved military service in wrong, illegal and arbitrary manner.

(2.) Reply has been filed by the Respondents/state. It has been stated that pay of the applicant has been fixed as per annexure RA-1 dated 2.8.1983. The learned Counsel for the applicant filed rejoinder. As per annexure A-8 dated 18.12.1991 annexure RA-1 dated 2.8.1983 has been substituted. In annexure A-8 it has been stipulated that as a result of revision of pay scale w.e.f. 1.1.1998, the element of DA/ADA sanctioned upto CPI-608 have become part of pay. The instructions contained in this department O.M. No. Fin(c) B(7)-25/76 dated 2.8.1983 prescribing formula for determining the pay fixation of Ex-servicemen not covered under the Demobilized Armed Forces Personnel (Reservation of Vacancies in H.P. Technical and Non-Technical Services) Rules, the Governor, H.P. is pleased to substitute the same by the following:

(3.) We have heard learned Counsel for the applicant and learned Additional Advocate General for the Respondents and gone through the pleadings carefully.