Jasbir Singh v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** CWP-4871-2019 Date of Decision: 23.07.2025 JASBIR SINGH ...PETITIONER Vs.

STATE OF HARYANA AND OTHERS ...RESPONDENTS CORAM:- HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present:- Mr. Ravi Verma, Advocate for the petitioner(s).

Mr. Rahul Dev, Addl. AG Haryana **** VINOD S. BHARDWAJ, J. (ORAL) 1.

Seeking quashing of the letter dated 29.11.2018 passed by respondent(s) No.1-Additional Chief Secretary to the Govt. of Haryana, Animal Husbandry and Dairying Department whereby the claim of the petitioner for counting his military service from 28.06.1985 to 01.10.1990 for pay fixation/increments and pension has been rejected relying on the notification which is alleged to be not applicable, the instant writ petition has been filed.

2.

Learned counsel for the petitioner contends that the claim of the petitioner has to be considered in light of the prevalent Rules and the instructions which were contrary to Rules could not have been relied upon, however, in the written statement, one of the objections taken by the respondent was to the effect that the Rule relied upon by the petitioner had already been repealed. He further contends that insofar as the aforesaid reason assigned, the same invariably would justify passing of VISHAL SHARMA 2025.07.29 12:33 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD

CWP-4871-2019 -2the said order, however, he submits that the respondent(s) have thereafter notified the new rules wherein a similar provision for mandating the respondent(s) for counting military service rendered by an employee has been provided for under Rule 18 of the Punjab Civil Services Rules, as applicable to Haryana for pension and other benefits. He further contends that he may be granted liberty to make a detailed representation to the respondent(s) for grant of benefits under the applicable Service Rules and direction be issued to the respondent(s) to consider the claim of the petitioner in light of the applicable Rules for grant of such benefits as are admissible to him, in a time-bound manner.

3.

Mr. Rahul Dev, Addl. AG Haryana does not have any objection to the above request.

4.

Accordingly, the present petition is disposed of with the consent of the parties and without commenting on the merits of the case, with a liberty to the petitioner to submit a detailed representation. On submission of the representation by the petitioner, the respondent(s) are directed to consider and decide the same by passing a reasoned and speaking order within a period of four months thereafter. (VINOD S. BHARDWAJ) JUDGE 23.07.2025 Rahul Joshi Whether Speaking/reasoned Yes/No Whether Reportable Yes/No VISHAL SHARMA 2025.07.29 12:33 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD