Labh Singh vs State of Punjab

Ajay Tewari, J.—The claim in the present petition is for counting the service of the petitioner rendered by him during emergency in the Indian Army towards seniority, increments and pension in accordance with the notification dated 08.06.2004. At the very outset, the learned counsel for the petitioner states that he restricts his claim to increments and seniority only and has given up his claim for pension.

The only ground on which it was denied as mentioned in the written statement was that the petitioner did not join the civil service within a period of one year from the date of discharge from Military Service.

Learned counsel for the petitioner has countered by arguing that in the first place the selection of the petitioner was made within seven months but due to some compulsions of the respondents themselves posting order could not be issued within a period of one year. Secondly, he has relied upon Rule 8-A of The Punjab Government National Emergency (Concession) Rules, 1965 which is to the following effect:-

8-A. Increments and Pension - Period of military service rendered during the First National Emergency from 26th October, 1962 to 9th January, 1968 shall count for increments and pension as under:-

(i) Increments - The period spent by a person on military service (restricted to emergency period from 26th October, 1962 to 9th January, 1968) after attaining the minimum age prescribed for appointment to any service or post, to which he is appointed, shall count for increments. Where no such minimum age is prescribed the minimum age shall be as laid down in Rules 3.9, 3.10 and 3.11 of the Punjab Civil Services Rules, Volume II. This concession shall, however, be admissible only on first appointment.

(ii) Pension - The period of military service mentioned in clause (i) shall count towards pension only in the case of appointments to permanent services of posts, subject to the following conditions:-

(1) The person concerned should not have earned a pension under military rules in respect of the military service in question.

(2) Any bonus or gratuity paid in respect of military service by the defence authorities shall have to be refunded to the State Government.

(3) The period, if any, between the date of discharge from military service and the date of appointment to any service or post under the Government shall count for pension, provided such period does not exceed one year. Any period exceeding one year but not exceeding three years may also be allowed be count for pension in exceptional cases under the orders of the Government.

This benefit shall be applicable to all those who were appointed in Government service before or after 11th February, 1982.

Learned counsel for the petitioner has further argued that the moratorium period of 1 year to 3 years is only for the purpose of counting the said gap period for pension but for the purpose of earning increments and for seeking to count the period of Army service for pension the gap between the military service and the civil service has no relevance.

Learned Deputy Advocate General is not in a position to deny the logic of this interpretation.

I find myself in agreement with the arguments of learned counsel for the petitioner. A perusal of the said rule does reveal the position as is sought to be canvassed by the learned counsel for the petitioner. Consequently, the petition is allowed. The respondents are directed to compute the benefits within a period of three months from the date of receipt of a certified copy of this order and to release the same within a further period of three months, failing which, the petitioner would be entitled to claim the same with interest @ 8% p.a. from the date/s the amount/s fell due till the date/s of payment.

Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.