IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No.: 6178 of 2008 Date of decision: 11.8.2010 Harbhajan Singh Kisana … Petitioner. Versus Managing Director HPSFC Ltd. & another …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 Yes. For the petitioner: Mr. Tara Singh Chauhan, Advocate. For the respondents: Mr. J.R.Thakur, Advocate. Deepak Gupta, J. (Oral) 1. The petitioner by means of this writ petition has prayed that his pay be fixed in terms of the notification dated 2nd August, 1983 (Annexure A-3). 2. Briefly stated the facts of the case are that the petitioner joined the Indian Army on 3rd May, 1963. He was discharged from the Indian Army on 23rd April, 1968 after completing four years and 357 days of service. Thereafter, he worked as Supervisor on daily wages with the respondent No.2 and in the year 1972 his services were regularized as Supervisor. 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. 2 3. In the State of Himachal Pradesh the pay of those ex-servicemen who had been employed in terms of the Demobilised Armed Forces Personnel (Reservation of Vacancies in Himachal State Non- Technical Services) Rules, 1972 were covered by the said rules and they were getting benefit of the approved military service under the said rules. The persons who were not covered under the said rules had agitated with the Government that they should also be given benefit of the services rendered by them in the Army. Consequently, the State of Himachal Pradesh issued O.M.No.Fin(C)-B(7)-25/76 dated 2nd August, 1983, relevant portion of which, relating to other ranks to which the petitioner belongs, reads as follows:- “(b). When a junior Commissioned Officer or other rank formerly in military service obtains employment in Civil Department, after having been granted military pension he shall continue to draw his pension. His pay in the Civil post shall be fixed at a stage in the time scale of the civil post which is equal to the basic pay, including Dearness Pay, Dearness Allowance, Interim Relief and Additional Dearness Allowance sanctioned upto 12 monthly consumer price index 320 (1960-100), which have been merged in the new scales 3 introduced from 1.1.1978 drawn at the time of retirement or if there is no such stage, the stage next below that pay plus personnel pay equal to the different to be observed in the next increment, subject to the condition that it shall not in any case be below the minimum and above the maximum of time scale of the Civil post in which reemployed. He will be allowed to draw usual annual increment in the time scale of the civil post.” 4. Para 3 of this O.M. further provides that the only the period of approved military service rendered after attaining the minimum age prescribed for appointment in service concerned by the candidates under the relevant rules shall count towards fixation of pay and seniority. 5. The petitioner’s pay was never fixed under this notification and for the first time the petitioner made a representation some time in November, 1992 that his pay should be fixed in terms of the said notification. He did not receive any reply to the same and finally he filed O.A No. 3133 of 1999 in the H.P.State Administrative Tribunal on 11.11.1999. The case of the petitioner had been contested by the respondents on various grounds 4 including the ground that the petition is hopelessly time barred. 6. As far as the question regarding the petition being time barred is concerned there is no manner of doubt that the petitioner has approached the Court at a highly belated stage. However, the fact remains that if the pay is not properly fixed it has a cascading effects and it is recurring loss being caused to the employee. Therefore, though the petition may be belated, relief can still be granted to the petitioner but the relief can be moulded in such a manner that the petitioner is only entitled to that relief which falls within the period of limitation. 7. In this case from the material on record, it is more than apparent that the petitioner is an ex- serviceman. This fact is not denied by the respondents. He is, therefore, entitled to the benefit of the notification dated 2nd August, 1993. It is, therefore, directed that the pay of the petitioner shall be re-fixed after applying the notification dated 2nd August, 1993 from the issuance of the date of said notification. His pay accordingly shall be fixed for each year of his 5 service till his date of retirement. However, the arrears payable to him shall be restricted to a period of three years prior to the filing of the petition. Since the petition was filed on 11th November, 1999 the arrears will be worked out from 1st December, 1996. For the retiral benefits also his pay shall be taken into consideration after re-fixation. The arrears of the petitioner shall be worked out by the respondents and paid to him alongwith interest @ 6% per annum on or before 31st December, 2010. In case the amount is not paid by the said date the respondents shall be liable to pay interest @ 12% per annum. 8. The petition is disposed of in the aforesaid terms. No order as to costs. 11th August, 2010 ( Deepak Gupta ) ™ Judge.