AKSHAYA SOOD Vs. STATE OF H.P.

JUDGEMENT

(1.) THESE three petitions are being disposed of by a common judgment. Two of the petitions, i.e. CWP No. 154 of 2004 and CWP 252 of 2004 are directed against the same order of the learned Tribunal dated 25.11.2003 passed in O.A. No. 1705 of 1993. CWP No. 339 of 1998 is directed against the order of the learned Tribunal dated 30.12.1997 passed in O.A. No. 422 of t992 whereby the original application filed by Shri Kulwant Rai was rejected. CWP No. 252/2004 and CWP No. 154/2004

(2.) THE facts relating to these two petitions are that Shri Madan Lal Chauhan joined army service as a Short Service Commission Officer on 29.8.1981. He was discharged from the army on 8.7.1988. On his release from the army he appeared in the Himachal Pradesh Administrative Service and Allied Services Examination in the year 1988. He was selected as Excise and Taxation Officer (Class -II Gazetted) in October 1989 and joined the said post against a vacancy reserved for ex - serviceman, Shri Madan Lal Chauhan again appeared in the Himachal Pradesh Administrative Service Examination in the year 1991. This time he was selected to the H.P. Administrative Service (Class -I Gazetted) post. He joined the H.P. Administrative Service on 29.10.1992 against a vacancy reserved for ex -serviceman.

(3.) FIXATION of pay, seniority and retirement benefits. -(1) Only the period of approved military service rendered after attaining the minimum age prescribed for appointment to the service concerned by the candidates appointed against reserved vacancies under the rules shall count towards fixation of pay and seniority in the said service subject to the condition that: (a) the inter -se -seniority of the military personnel determined by the Himachal Pradesh Public Service Commission shall not be disturbed; (b) a military personnel appointed as a result of any earlier selection shall be senior to a military personnel appointed by direct recruitment in the year to which the former candidates are allotted, and (c) a military personnel already appointed in civil employment against a reserved post under any Siate/Central Government, on his subsequent appointment to the Himachal Pradesh Administrative Service on the basis of competitive examination shall not be eligible for the benefit of fixation of pay and seniority in the service (Himachal Pradesh Administrative Service) under Sub -rule (1) of Rule 4.1. (2) The period of military service rendered after attaining the minimum age mentioned in Sub -rule (1) shall also count, towards pension, subject to the following conditions: (a) The persons concerned should not have earned pension under the rules applicable to such service except disability pensions; and (b) Any bonus or gratuity received from the military authorities in respect of military service shall have to be refunded to the State Government. 4 The State Government rejected the representation of Shri Madan Lal Chauhan on the ground that he had previously been appointed in civil appointment as Excise and Taxation Officer, Grade - II and therefore, in terms of Rule 4(1)(c) he was not entitled to any benefit of adding his military service for fixation of pay and seniority. Shri Madan Lal Chauhan thereafter filed O.A. No. 1705 of 1993 challenging the constitutional validity of Rule 4(1)(c) of the Rules. This petition was originally allowed by the learned Tribunal on 30th May, 1997. However, this order was challenged in a writ petition before this Court by some of the affected officers including the petitioner in CWP No. 392 of 1997 and finally vide judgment dated 23rd September, 2003 the order of the learned Tribunal dated 30th May, 1997 was set -aside and the matter remanded to the learned Tribunal to rehear the same.