- (1.) The present petition has been filed by the petitioners who were re-employed as Clerks in Kurukshetra University, Kurukshetra. A table has been drawn in para 2 of the petition giving the dates of joining the petitioners in Armed Forces and re-employed in Kurukshetra University. It would be apposite here to reproduce the table drawn by the petitioners :- JUDGEMENT_148_LAWS(P&H)10_20081.html
(2.) Government of India had issued instructions on 11.4.1963, Annexure P-1. These instructions were regarding the fixation of pay of excombatant Clerks who have been employed as LDC/Junior Clerks in the Civil Departments. It has been specifically stated that pension or pension equivalent to gratuity, which does not exceed Rs. 15/- per annum will be ignored. On 1.7.1992 Finance Department of Government of Haryana issued instructions Annexure P-2. Para 3 of these instructions reads as under :- "3. These orders will take effect from the date of issue and the existing limit of military pension to be ignored in fixing of pay of re-employed military pensioners will, therefore, cease to be applicable to cases of such pensioners as are re-employed on or after the date of issue of these orders. In the case of those military pensioners who are already on re-employment the pay may be refixed on the basis of these orders with immediate effect provided they opt to come under these orders. If they so opt, their terms would be determined afresh as if they have been re-employed for the first time from the date of these orders. The option should be exercised in writing within a period of four months from the date of issue of these orders. The option once exercised shall be final."
(3.) One Krishan Thakran who was employed as Clerk in Government Senior Secondary School, Sohna and was an ex-serviceman preferred Civil Writ Petition No. 11351 of 1995 which was allowed by a Division Bench of this Court on 18.12.1995 with the following observations :- "It is true that the petitioner is not entitled to the benefit of total military service for the purpose of seniority but so far as the fixation of pay of ex-combatant clerk is concerned, the same is governed by the instructions issued by the Government of India on 11.4.1963. The respondents have not contested the claim made by the petitioner that the instructions contained in Annexure P4 are applicable in his case. This being the position, the pay of the petitioner has to be fixed in accordance with Annexure P4 and as that was not done, we deem it proper to issue a mandamus to the respondents to consider and decide the case of the petitioner for fixation of his pay in terms of the office memorandum Annexure P4. This action be taken by the respondents within three months of submission of a certified copy of this order. We order accordingly. The writ petition is allowed in the manner indicated above.";