Court Rules Amended Rules Cannot Be Applied Retrospectively to Deny Benefits for Military Service Prior to Civil Employment Offer
The Himachal Pradesh High Court has delivered a landmark judgment in the case of Sanjeev Kumar v. State of H.P., affirming the rights of ex-servicemen to have their entire approved military service counted towards pay fixation if their civil employment offer was made before the 2018 amendment to the Demobilized Armed Forces Personnel (Reservation of Vacancies in H.P. Non-Technical Services) Rules, 1972. The court, presided over by Justice Sandeep Sharma, emphasized that amendments to Rule 5(1) cannot retroactively affect the rights that crystallized on the date of the appointment letter.
Sanjeev Kumar, an ex-serviceman with over 15 years of military service, was offered a position as a Junior Clerk in the Himachal Pradesh State Cooperative Bank in September 2017, prior to the amendment of Rule 5(1) in January 2018. Although he joined the position after the amendment, due to procedural delays, the court ruled that his right to have his military service counted towards pay fixation was established at the time of the offer and could not be negated by the subsequent rule change.
The judgment references previous decisions, including Babu Ram v. State of Himachal Pradesh, which support the stance that service conditions should be determined by the rules in place at the time of the appointment offer. The court also highlighted its power under Article 226 of the Constitution to mold relief to ensure substantial justice, reaffirming the principle that amendments should not be applied retroactively to the detriment of ex-servicemen.
Bottom Line:
Ex-servicemen are entitled to the benefit of their entire approved military service towards fixation of pay if their appointment was offered before the amendment of Rule 5(1) of the Demobilized Armed Forces Personnel (Reservation of Vacancies in H.P. Non-Technical Services) Rules, 1972, even if they joined after the amendment.
Statutory provision(s): Article 226 of the Constitution of India, Rule 5(1) of the Demobilized Armed Forces Personnel (Reservation of Vacancies in H.P. Non-Technical Services) Rules, 1972
Sanjeev Kumar v. State of H.P., (Himachal Pradesh) : Law Finder Doc Id # 2839391
