C.W.P. No. 5636 of 1990 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.W.P. No. 5636 of 1990 Date of Decision : 3.12.2010 Harbhajan Singh .......... Petitioner Versus Managing Director, PEPSU Road Transport Corporation, Patiala & another ...... Respondents CORAM : HON'BLE MS. JUSTICE RITU BAHRI 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present : Mr. Amit Kohar, Advocate for for the petitioner. **** RITU BAHRI, J. This petition under Articles 226/227 of the Constitution of India is for issuing a writ in the nature of certiorari for quashing the order Annexure P-7 by which the petitioner has been denied the benefit of military service. It is prayed that a direction be given to the respondents to grant benefits of military service towards increments and seniority under the Punjab Government National Emergency (Concession) Rules, 1965. The petitioner is a Driver serving with the PEPSU Road Transport Corporation at Ludhiana. The petitioner joined the military service on 7.11.1963. He was discharged from Army on 31.5.1981. C.W.P. No. 5636 of 1990 -2- The petitioner applied for the post of Driver in PRTC. The petitioner was appointed as a Driver in the PRTC on 24.7.1981 against the reserved category of Ex-serviceman. The Punjab Government framed rules called the Punjab Government National Emergency (concession) Rules, 1965 to be made applicable from 26.10.1962. As per these rules concessions were made applicable to the persons, who joined the Armed Forces during operation of emergency and after discharge from the Army, who had joined the State of Punjab and its undertakings. These rules have been adopted by the PEPSU Transport Corporation and they have been extending the benefits to its employees for its military service during proclamation of emergency. The petitioner made representations to the Corporation seeking benefit of the military service rendered under the Punjab Government National Emergency (Concession) Rules, 1965.The petitioner was in military service during the operation of emergency w.e.f. 10.5.1963 to 9.6.1968. The petitioner filed a writ petition No. 12273 of 1989 claiming these benefits. A direction was given by this Court to dispose of the representation. In compliance of the High Court Order, the relief sought by the petitioner was declined by passing a speaking order dated 29.12.1989 (Annexure P-7). The petitioner has challenged order dated 29.12.1989 (Annexure P-7) by filing this writ petition. No written statement has been filed by the respondent / Corporation and no one has chosen to appear on behalf of the C.W.P. No. 5636 of 1990 -3- respondents. I have heard learned counsel for the petitioner. The learned counsel for the petitioner has argued that the only reason given in the order dated 29.12.1989 (Annexure P-7) is that the petitioner was in receipt of military pension and he was not allowed to get his service counted towards benefit under the Punjab Government National Emergency (concession) Rules, 1965. The Corporation has rejected his claim as per a clarification issued by the Zila Sainik Board dated 16.9.1982 that military pensioners were not entitled to any benefit under the Punjab Government National Emergency (concession) Rules, 1965. Learned counsel for the petitioner has placed reliance on the Hon'ble Supreme Court judgments in the cases Dhayanand Vs. Union of India & others 1996(1) P.L.R. 85, Ram Janam Singh Vs. State of Uttar Pradesh 1994(2) S.C.T. 68 and the judgments of this Court in the cases Ashok Kumar Vs. The State of Punjab through the Secretary Transport Department, Punjab 2008(1) S.C.T. 708 and Karam Chand Vs. State of Punjab and others 2006(3) S.L.R. 849 on the proposition that the benefit of military service rendered during emergency has to be counted for the purpose of seniority, increments and pension. After hearing the learned counsel for the petitioner, the petition deserves to be allowed. The Division Bench judgment of this Court in the case of Karam Chand Vs. State of Punjab and others (supra) has specifically dealt with a case in which the petitioner was receiving military pension. He was held entitled to count his military C.W.P. No. 5636 of 1990 -4- service towards increment and seniority in civil employment. In view of the settled law, the impugned order Annexure P-7 is quashed. The petitioner is held entitled to be counted his military service for the benefits as per Section of the Punjab Government National Emergency (concession) Rules, 1965. The respondents are directed to grant benefit to the petitioner by counting the period of military service rendered by him from 10.5.1963 to 9.6.1968 during the proclamation of Ist National Emergency within a period of three months from the date of receipt of certified copy of this order. The petitioner is further held entitled to all consequential benefits after fixation of his pay, which shall be payable to him within two months thereafter. If the payment is not made within five months from the date of receipt of certified copy of this order, the petitioner will be entitled to interest @ 6% per annum. 2.12.2010 (RITU BAHRI) 'sp' JUDGE