CWP No.11487 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11487 of 2010 Date of decision : 09.03.2011 Harnek Singh … Petitioner Versus State of Punjab and others …Respondents CORAM : HON’BLE MR.JUSTICE PERMOD KOHLI Present: Mr.Virinder Kumar Shukla, Advocate for the petitioner. Mr.B.S.Chahal, DAG, Punjab. Permod Kohli, J. Petitioner joined the Indian Army as Sepoy on 8.7.1963 and served upto 31.7.1981. Petitioner joined the service in Army when National Emergency was in operation. The petitioner not only served the Indian Army during 1st National Emergency but even during the 2nd National Emergency which was declared by the President of India on 03.12.1971 and remained in operation upto 26.03.1977. He was discharged from Army service on 31.7.1981. On being discharged, petitioner joined civil service as Barkandaz on 19.6.1986 in the office of Executive Engineer, Canal Lining Division, C.C., Ferozepur. He retired from service on 31.7.2005 on attaining the age of superannuation . At the time of joining of service in the State of Punjab, petitioner was granted benefit of military service towards increments by the Executive Engineer, Canal Lining Division, C.C., Ferozepur vide its order dated 30.6.1996 for his service during Emergency w.e.f. 8.7.1963 to 10.1.1968 and 23.12.1971 to 27.3.1977 i.e. 09 years 09 months and 27 days. He was allowed benefit of increments for the aforesaid period and his pay was refixed at Rs.1240/- in the pay scale of Rs.950-1410/- vide order dated 30.3.1996 (Annexure P-2). After his retirement, when pension case of the petitioner was being processed, an objection was raised by the office of Accountant General regarding grant of increments to the petitioner for the CWP No.11487 of 2010 2nd Emergency period and vide letter dated 13.6.2005, Executive Engineer was asked to refix the pay of the petitioner by withdrawing the benefit of increments granted for 2nd Emergency w.e.f. 23.12.1971 to 27.3.1977 (Annexure P-3). In response to the aforesaid communication, the Executive Engineer, refixed the pay of the petitioner by withdrawing the increments granted during 2nd Emergency and recovery of Rs.1,01,811/- has been ordered vide letter dated 13.9.2005 (Annexure P-4). This order was implemented and some amount was recovered from the gratuity and the balance amount was declared to be recovered from the leave encashment of the petitioner as is evident from order dated 20.12.2005 (Annexure P-5). Petitioner has challenged the orders of re-fixation and recovery by filing the present writ petition. The only question which needs to be considered whether the petitioner is entitled to the benefit of 2nd Emergency period w.e.f. 23.12.1971 to 27.3.1977. A similar controversy came up for consideration before this Court in the case Sukhdev Singh Vs. State of Punjab and others (CWP No.20061 of 2008. This writ petition came to be decided by judgment dated 25.11.2009. On consideration of the statutory rules, namely Punjab Government National Emergency Rules (Concession) Rules, 1965, The Punjab Recruitments of Ex-Servicemen (First Amendment) Rules, 1982 and the State Government Instructions dated 23.6.1988, as also an earlier judgment of this Court reported as 1992(7) SLR, 345. This Court has held as under:- “In view of the totality of the facts and circumstances of the present case, present petition is allowed. The impugned order Annexures P-3, P-4 and P-5 are hereby quashed. The respondents are directed to grant the benefit of five increments in respect to the Military Service rendered by petitioner during two spells of emergencies. Recovery, if any effected from the petitioner on account of deduction of excess payment with respect to increments, the same shall be refunded to him within a period of three months. Needless to say that the pensionary benefits including the DCRG shall also be re-fixed accordingly. No Costs.” The facts of the aforesaid case are applicable to the present case on all corners. This petition is accordingly allowed in terms of the 2 CWP No.11487 of 2010 aforesaid judgment. Impugned orders for re-fixation of pay of the petitioner and consequent recovery (Annexures P-4 and P-5) are hereby set aside. Respondents are directed to refund the amount recovered from the petitioner if any, within a period of three months. ( Permod Kohli ) Judge 09.03.2011 sd 3