CWP No.3639 of 2000 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 3639 of 2000 Date of Decision: 30 - 8 - 2010 Lt. Col. Kanwar Dharam Pal Singh (Retd.) ....Petitioner v. Kurukshetra University, Kurukshetra & others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.O.P.S.Tanwar, Advocate for the petitioner. Mr.R.K.Malik, Sr. Advocate with Mr.Surya Pratap Singh, Advocate for respondents No.1 and 2. Mr.Himanshu Raj, AAG, Haryana for respondent No.3. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) In the present writ petition, a prayer has been made that salary of the petitioner be fixed in the pay scale of Rs.12000-375-16500/- w.e.f. 1.1.1996 and accordingly the arrears be paid to him till the date of his retirement i.e. 30.4.1998.. Counsel for the respondent-University has stated that petitioner who was a Commissioned Officer in the Indian Army was re-employed by the respondent-University and his pay scale and salary has been determined in consonance with the formula adopted by the respondent-University vide CWP No.3639 of 2000 [2] Resolution No.60 dated 22.7.1991, copy whereof is at Annexure P2. It reads as under:- “60. Considering the following formula of pay fixation of military pensioners on their re-employment in the service of the University:- “When a Commissioned Officer formerly in Military Service obtains employment in Civil Department after having been granted military pension, he shall continue to draw his military pension. His pay on re-employment shall be fixed at the minimum of the time scale of the civil post, in which he is re-employed. He shall be allowed to draw usual annual increments till the pay in the civil post plus pension equivalent of other retirement benefits taken together minus Rs.250/-, not exceeding the maximum of the scale of the civil post in which he is re- employed, or Rs.7600/- whichever is less. Resolved that the above proposal be approved.” Counsel for the petitioner states that indeed the respondent- University has fixed the pay in consonance with the formula given in Resolution No.60. However, he states that the formula is irrational and contrary to the Punjab Civil Service Rules. He submits that those Commissioned Officers who were employed by the State of Haryana were getting higher scale than the petitioner. Therefore, counsel submits that the petitioner is entitled to parity with the the Commissioned Officers who were employed in the State services, as the respondent-University is bound to adopt those pay scales which are paid by the Government of Haryana to its employees. A perusal of the pleadings in the writ petition reveals that the formula adopted by the respondent-University has not been assailed and the prayer made has not been pleaded in the petition. CWP No.3639 of 2000 [3] Counsel for the petitioner states that since salary has been paid in accordance with the formula envisaged in Resolution No.60, he be permitted to withdraw the writ petition with liberty to seek quashing of Resolution No.60 adopted by the respondent-University. As prayed, dismissed as withdrawn with liberty aforesaid. ( KANWALJIT SINGH AHLUWALIA ) August 30, 2010. JUDGE RC