Ajaib Singh v. State of Punjab & Ors

IN T

103-2

Ajaib Singh vs. S

Om Parkash vs.

Nishan Singh vs

CORAM: HO

*** Present : Mr. Mr.

*** AMAN CHAUD

1.

The disposed of toget

2.

Pray action of respon rendered in seco years 1965, 1963

3.

Lea covered by the others, CWP-80 was also dismis implemented, wh

THE HIGH COURT OF PUNJ AT CHANDIGAR

Dat State of Punjab and others State of Punjab and others . State of Punjab and others ON'BLE MR. JUSTICE AMAN ** RK Arora, Advocate for the pet Satnam Preet Singh, DAG, Punj ** DHARY, J. (ORAL) ese cases involve similar issu ther. yer made in the present petitio ndent authorities not allowing ond emergency as they joined th 3 and 1967. arned counsel submits that case judgment passed in Raj Kum 0-2014, decided on 27.02.2017, ssed on 24.09.2024 and the s hich learned State counsel despi

JAB & HARYANA RH te of decision: 15.01.2025 N CHAUDHARY titioner. njab. ues and therefore, are being ons for direction to declare the the benefit of military service he Indian Armed Forces in the e of the petitioner is squarely mar vs. State of Punjab and against which LPA-1287-2017 said judgment has since been ite his best efforts, has not been

able to controve the aforemention judgment in Raj "I ca R re r D p t p b p u t m p se co co p

ert the factual position and draw ned judgments or cite any contr Kumar (supra) reads thus:- I have heard the learned counse arefully gone through the case fi Rule 8 (B) as amended vide no eproduced as under:- "Rule 8-B Increments and Pensi rendered during the Second N December, 1971 to 25th M increments and pension as under a) Increments-The increments f paid to those persons only, wh aforementioned period. This be only at the time of making firs on a civil post or service und these increments will be taken i person is subsequently fixed o selection, new recruitment o otherwise; b) Pension-The period of milit shall count towards pension only permanent post under the Gover conditions namely:- i. The person concerned shoul under military rules in respec question. ii. Any bonus or gratuity paid in the defence authorities shall ha Government, and; iii. The period, if any, betwee military service and the date of post under the Government sha such period does not exceed on one year but not exceeding thre count for pension in exceptiona Government." Clause (b) of the said Rule sh ervice rendered during the secon ounted for increments and pen onditions laid down in Clause ension the conditions laid down

w out any distinctive aspects in rary law, relevant extract of the el for both the parties and have ile. otification dated 15.10.2009 is ion – Period of military service National Emergency from 3 rd March, 1977 shall count for r:- for the aforesaid service shall be ho rendered service during the enefit will, however, be given st appointment on regular basis der the Government. However, into account when the pay of a on account of his promotion, or revision of pay scale or tary service, referred to above, y in case of an appointment to a rnment, subject to the following ld not have earned a pension ct of the military service in n respect of military service by ave to be refunded to the State en the date of discharge from f appointment to any service or all count for pension, provided ne year. Any period exceeding ee years may also be allowed to al cases under the orders of the hows that the period of military nd national emergency has to be nsion. For increment there are e (a) and for the purpose of Clause (b) of the Rules, 1982.

p an b o th qu p th in ex ex se P gr in n se A p p o w o pr d an

4.

Rele

Learned counsel for the pe etitioner has not earned any pe nd that he is also willing to dep onus so received by him. There f the Rules, 1982, the services o he second national emergency ualifying service for the purpo etitioner depositing the bonus or he respondent department with nstructions. Mere fact that the xtreme compassionate grounds b xist is not a ground to decline ervice as a qualifying service for It being so, the impugned lett -3) is hereby set aside and on ratuity, granted to the petitioner nterest, the services of the petitio ational emergency are ordered ervice for grant of pension Accordingly, after adding the etitioner shall be recalculated an ensionary benefits shall be paid Since, the petitioner approach f this writ petition, in the year will not be entitled for any intere f his retirement i.e. 31.07.2005 resent writ petition i.e. 08.01.20 elayed payment of retiral dues nnum till the date of actual paym In view of the above, the petit evant portion of judgment in LPA "7. We have heard learned co through the file with their abl

¶8The factual aspect as narra a matter of record that writ p time of start of Second Natio Relevant and applicable prov Punjab Recruitment of Ex amended on 15.10.2009 reads "8-B Increments and pensi rendered during the Secon rd December, 1971 to 25th increments and pension as u

etitioner states at Bar that the ension under the military rules posit the amount of gratuity or efore, in terms of the Rue 8 (b) of the petitioner rendered during y are liable to be counted as ose of pension subject to the r gratuity received by him with h interest as per government petitioner was discharged on before the emergency ceased to e to compute the said military r the pension. ter dated 23.12.2013 (Annexure n the deposit of said bonus or r under the military Rules, with oner rendered during the second d to be counted as qualifying and other service benefits.. said service, pension of the nd the revised pension and other to the petitioner. hed this Court by way of filing 2014, therefore, the petitioner est on the arrears from the date 5 till the date of filing of the

¶014Thereafter, interest on the shall carry interest @ 9% per ment. tion stands allowed." A-1287-2017 reads thus:-ounsel for parties and have gone le assistance. ated above is not in dispute. It is petitioner was in service at the onal Emergency i.e. 03.12.1971. vision i.e. Rule 8B(a) and (b) of x-serviceman Rules, 1982 as s as under:-ion – Period of military service nd National Emergency from 3 h March, 1977, shall count for under:-

a) Increments - The increm shall be paid to those p rendered service during the benefit will, however, be g first appointment on regu service under the Governm will be taken into account subsequently fixed on acco new recruitment or revision b) Pension - The period o above, shall count toward appointment to a permanen subject to the following con

(i) the person concerned sh under military rules in res question.

(ii) any bonus or gratuity service by the defence refunded to the Governmen

(iii) the period, if any, betw military service and the dat or post under the Governm provided such period doe period exceeding one year, may also be allowed to co cases as per orders of the G

¶9Perusal of Rule does not re benefit for the period of se which the employee served. T proportionate benefit in que person who has not complete from 03.12.1971 to 25.03.197

¶10Argument that the bene employee only if he had joi period in question, is devoid in view the order dated 13.1 2013. Controversy sought to longer res integra, keeping in Supreme Court in Raj Pal Sh Haryana 1985 AIR SC categorically held that mer released from military serv cannot disentitle him from the

¶11Learned counsel for appe infirmity or irregularity in im which calls for interference.

ments for the aforesaid service persons only, who joined and e afore mentioned period. This iven only at the time of making ular basis on a civil post or ment. However, these increments t when the pay of a person is ount of his promotion, selection, n of pay scale or otherwise; and of military service, referred to ds pension only in case of an nt post under the Government, nditions, namely:- hould not have earned a pension spect of the military service in y paid in respect of military authorities shall have to be nt. ween the date of discharge from te of appointment to any service ment, shall count for pension; es not exceed one year. Any , but not exceeding three years, ount for pension in exceptional Government." eveal any such bar for release of econd National Emergency for There is no such stipulation that estion cannot be released to a ed service for the entire period

¶77efit would be available to the ined Armed Forces during the of any merit especially keeping

11.2014 passed in CWP17661-o be raised in any case is no n view the decision of Hon'ble arma and others versus State of 1263, wherein it has been re factum of employee being vice on compassionate ground e benefit in question. ellant is unable to point out any mpugned order dated 27.02.2017

5.

Lea situated employe dated 25.01.2024 on the judgment Punjab and oth

6.

In w of the judgment p

7.

Pho

15.01.2025 ashok

¶12No other argument has be

¶13In the given facts and circ order dated 27.02.2017 is u dismissed being devoid of any

¶14Pending application(s), if arned counsel for the petition ee has been granted benefit vide 4 by the General Manager, Punja t in CWP-17661-2013 titled as ers, decided on 13.11.2014. wake of the above, the present pe passed in Raj Kumar (supra). otocopy of this order be placed on

Whether speaking

een raised. cumstances as above, impugned upheld. Appeal is, accordingly, y merit. f any, stand(s) disposed of." er submits that the similarly endorsement No.421-422/ECC ab Roadways, Amritsar-I based s Rajinder Singh vs. State of

etitions are disposed of in terms n the connected files. (AMAN CHAUDHARY) JUDGE : :