CWP-7068 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 207 Sanjay Kumar and others State of Haryana and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. Constitution of India (Annexure P for Ex-Combatant LDC/ Junior Clerks in civil posts under these Rules re-employment shall be fixed after deducting the amount of pension from the pay fixed under this rule after ignoring the amount of Rs. 15/ and only the net pay is payable. Despite the fact that the pay in respect of the then similarly situated employees [ i.e. persons Re 16.02.1999 letter (Annexure P 7068-2022 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Decision: Sanjay Kumar and others Versus State of Haryana and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Vijay Pal, Advocate for the petitioners. Mr. Harish Kumar Nain, DAG, Haryana. Mr. Naveen Kumar, Advocate for Mr. AS Virk, Advocate for respondent No Mr. Amit Rao, Advocate for respondents No. 17 and 23. Mr. Daanish Mahajan, Advocate for Mr. Prateek Mahajan, Advocate for respondent No. 19 NIDHI GUPTA, J. (ORAL) Prayer in this petition filed under Article 226 Constitution of India is for quashing the Circular dated (Annexure P-19) whereby respondent No. 2 issued the clarification that Combatant Clerks retired from Armed Forces LDC/ Junior Clerks in civil posts under these Rules employment shall be fixed after deducting the amount of pension from the pay fixed under this rule after ignoring the amount of Rs. 15/ and only the net pay is payable. Despite the fact that the pay in respect of n similarly situated employees [ i.e. persons Re 16.02.1999 letter (Annexure P-19)] was fixed after ignoring the entire IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-7068-2022 Date of Decision: 27.08.2026 .… Petitioners .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Vijay Pal, Advocate for the petitioners. Mr. Harish Kumar Nain, DAG, Haryana. Mr. Naveen Kumar, Advocate for Mr. AS Virk, Advocate for respondent No. 12. 17 and 23. Mr. Daanish Mahajan, Advocate for Mr. Prateek Mahajan, Advocate for respondent No. 19. filed under Article 226 of the quashing the Circular dated 16.02.1999 ) whereby respondent No. 2 issued the clarification that Clerks retired from Armed Forces and reemployed as LDC/ Junior Clerks in civil posts under these Rules, the fixation of pay on employment shall be fixed after deducting the amount of pension from the pay fixed under this rule after ignoring the amount of Rs. 15/- thereof and only the net pay is payable. Despite the fact that the pay in respect of n similarly situated employees [ i.e. persons Re-employed before was fixed after ignoring the entire of the ) whereby respondent No. 2 issued the clarification that and reemployed as the fixation of pay on employment shall be fixed after deducting the amount of pension from thereof and only the net pay is payable. Despite the fact that the pay in respect of employed before was fixed after ignoring the entire RISHU KATARIA 2026.09.01 17:56 I attest to the accuracy and authenticity of this order/judgmdent. CWP-7068 pension as per the provisions of Circular dated 27.08.1998 (Annexure P 18); AND/OR the provisions of Circular dated 27.05.1983 ( was duly stated that in case of Personnel Below Commissioned Officers rank the entire pension amount shall be ignored for the fixation of pay on re-employment of E and spirit. And re ignoring the entire pension received by them for their service in the Armed forces as already done in case of the then similarly employees under the provisions of Circular dated 27.08.1998 (P /OR further for issuance of a direction to the respondents arrears of Departments after ignoring th w.e.f. the date of their re interest @18% per annum. 2. submits that all the 75 pe retirement from Armed Forces State on various posts. It is submitted Court dated Thakran vs. benefit of increment, keeping in view the past service rendered by them in Armed Forces. It is pointed out that pursuant to the judgment dated 18.12.1995 27.08.1998, for fixation of pay the respondent 7068-2022 -2- pension as per the provisions of Circular dated 27.08.1998 (Annexure P AND/OR for issuance of direction to the resp the provisions of Circular dated 27.05.1983 ( was duly stated that in case of Personnel Below Commissioned Officers rank the entire pension amount shall be ignored for the fixation of pay on employment of Ex-Servicemen in the Civil Departments, in its letter and spirit. And re-fix the pay on re-employment of the petitioners after ignoring the entire pension received by them for their service in the Armed forces as already done in case of the then similarly employees under the provisions of Circular dated 27.08.1998 (P further for issuance of a direction to the respondents salary to the petitioners after re Departments after ignoring the entire pension of Ex w.e.f. the date of their re-employment in the Civil Department along with interest @18% per annum. At the very outset, learned counsel for the petitioners submits that all the 75 petitioners herein retirement from Armed Forces, the petitioners have joined the respondent State on various posts. It is submitted that in terms of judgment of this Court dated 18.12.1995 passed in CWP- vs. state of Haryana and others’, the petitioners are entitled to the increment, keeping in view the past service rendered by them in Armed Forces. It is pointed out that pursuant to the judgment dated 18.12.1995, the respondents have also issu 27.08.1998, for fixation of pay of Ex-servicemen the respondent-State. It is accordingly submitted pension as per the provisions of Circular dated 27.08.1998 (Annexure P- for issuance of direction to the respondents to implement the provisions of Circular dated 27.05.1983 (Annexure P-11) whereby, it was duly stated that in case of Personnel Below Commissioned Officers rank the entire pension amount shall be ignored for the fixation of pay on Servicemen in the Civil Departments, in its letter employment of the petitioners after ignoring the entire pension received by them for their service in the Armed forces as already done in case of the then similarly situated employees under the provisions of Circular dated 27.08.1998 (P-18) AND further for issuance of a direction to the respondents to pay the salary to the petitioners after re-fixing their salaries in Civil e entire pension of Ex-Combatant Clerks employment in the Civil Department along with At the very outset, learned counsel for the petitioners herein are Ex-Servicemen. After , the petitioners have joined the respondent- that in terms of judgment of this -11351-1995 titled as ‘Krishan , the petitioners are entitled to the increment, keeping in view the past service rendered by them in Armed Forces. It is pointed out that pursuant to the judgment dated , the respondents have also issued Instructions dated servicemen on re-employment with State. It is accordingly submitted that the petitioners to implement 11) whereby, it was duly stated that in case of Personnel Below Commissioned Officers rank the entire pension amount shall be ignored for the fixation of pay on Servicemen in the Civil Departments, in its letter employment of the petitioners after ignoring the entire pension received by them for their service in the situated AND to pay the fixing their salaries in Civil At the very outset, learned counsel for the petitioners . After that in terms of judgment of this Krishan , the petitioners are entitled to the increment, keeping in view the past service rendered by them in Armed Forces. It is pointed out that pursuant to the judgment dated nstructions dated with RISHU KATARIA 2026.09.01 17:56 I attest to the accuracy and authenticity of this order/judgmdent. CWP-7068 would be satisfied disposed of with claim of the petit judgment of this Court dated 18.12.1995 (Annexure P Instructions dated 3. ‘no objection petitioners 4. commenting on with a direction to forthwith consider speaking and reasoned order, in accordance with law judgment of this Court dated 18.12.1995 (Annexure P Instructions dated 27.08.1998 (Annexure P months from the date of receipt of a certified copy of this order. 5. 27.08.2026 rishu 7068-2022 -3- would be satisfied at this stage if the present disposed of with a direction to respondent claim of the petitioners in a time bound manner judgment of this Court dated 18.12.1995 (Annexure P nstructions dated 27.08.1998 (Annexure P Learned counsel for the respondent no objection’ in case the limited prayer made by learned at this stage, is accepted. After hearing learned counsel for the parties commenting on the merits of the present petition, the same is with a direction to the respondents/Competent Authority, concerned consider and decide the claim of the petitioners speaking and reasoned order, in accordance with law judgment of this Court dated 18.12.1995 (Annexure P nstructions dated 27.08.1998 (Annexure P from the date of receipt of a certified copy of this order. Pending application(s), if any, shall 2026 Whether speaking/reasoned Whether Reportable the present Civil Writ Petition is direction to respondents to consider and decide the in a time bound manner while keeping in view the judgment of this Court dated 18.12.1995 (Annexure P-15) and 27.08.1998 (Annexure P-18). Learned counsel for the respondent-State submits that he has prayer made by learned counsel for the After hearing learned counsel for the parties and without the merits of the present petition, the same is disposed of the respondents/Competent Authority, concerned, to claim of the petitioners by passing a speaking and reasoned order, in accordance with law and in light of judgment of this Court dated 18.12.1995 (Annexure P-15) and nstructions dated 27.08.1998 (Annexure P-18) within a period of 06 from the date of receipt of a certified copy of this order. Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No etition is the in view the 15) and submits that he has ounsel for the without , to by passing a and in light of 15) and RISHU KATARIA 2026.09.01 17:56 I attest to the accuracy and authenticity of this order/judgmdent.