CW 1247/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.1247/07 Ashok Kumar Sharma Versus Bharat Sanchar Nigam Limited & Anr. DATE OF ORDER : 10/09/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. R.C. Joshi, for petitioner Mr. Inderjeet Singh, for respondents *** Petitioner who is a senior citizen has prayed that total service of 5 yrs. 347 days which he rendered in Indian Air Force be computed as qualifying service for pension under CCS Pension Rules, 1972 [“Rules, 1972”]. Petitioner initially joined Indian Air Force on 21st August, 1964 but because of family circumstances he took voluntarily discharged from service on 2nd September, 1970 [Ex.1]. After discharge from service, he applied for the post of Time Office Assistant [TOA] against the quota reserved for ex-servicemen and after selection was appointed w.e.f. 7th December, 1976 and finally retired from service on attaining the age of superannuation on 31st July, 2006. It is relevant to mention that while he was in service, he was called upon to fill option form as to whether he desires to take note of defence CW 1247/07 [2] service which he rendered as qualifying service for the purpose of pension and option form was submitted by him on 8th July, 1988 which is evident from Ann.R/1 placed on record by the respondents. After petitioner retired from service, the period of service which he rendered in Indian Air Force was not taken note of as qualifying service for the purpose of computing pension. Hence, approached the authorities and finally filed instant petition. Counsel for petitioner submits that R.19(6) of Pension Rules clearly postulates about grant of defence service as shown to be non pensionable be counted towards civil pension and so far as option is concerned, Counsel submits that Government of India under its decision which was notified on 26th February, 1988 it was observed that option may be exercised by incumbent within one year and immediately after decision was given effect to, petitioner also submitted his option form on 8th July, 1988 and under these circumstances respondents could not be said to be justified in not taking note of service which he rendered in Indian Air Force as qualifying service for grant of civil pension under the scheme of rules. CW 1247/07 [3] Counsel for petitioner further submits that R.19(1) is only applicable to such employees who are getting pension in the defence service. So far as petitioner is concerned, as he was not having pensionable service finally took voluntary retirement in September, 1970. As such, there was no occasion for him to submit option and apart from it, immediately after the clarification was made by the Government of India under its circular dt.26th February, 1988, the period was extended upto one year, option form was submitted by him in July, 1988. Respondents have filed reply to the writ petition wherein objection has been raised that under R.19(2) of the Rules option is to be submitted by incumbent within three months from joining substantive post in civil service and since the petitioner failed to submit any option at the relevant time he was not entitled to get his service computed for grant of civil pension under the scheme of rules. As such, no error has been committed by the respondents in denying benefit of service which he rendered in Indian Air Force. I have considered the submission of counsel for parties and perused the material on record. CW 1247/07 [4] This fact is not in dispute that petitioner rendered service in Indian Air Force from 1964 to 1970 for almost 5 yrs. 347 days while he was voluntarily discharged from service and took employment through open selection against the vacancy reserved for ex-servicemen quota in the respondents organization in December, 1976. R.19(2)(a) of the Rules certainly provides to exercise option to be furnished within three months from the date of substantive appointment which was further clarified by the Government of India deciison vide circular dt.26th February, 1988 and under sub-clause (2) of the Government of India decision under R.19(2) the period which is three months was extended for a period of one year, however, from the date of joining civil service, pursuant to which he submitted option in July, 1988 and at the same time Para 7 of the note/decision dt.11/4/01 of the Government of India has further clarified that there shall be no limitation on civil pension for re-employed military pensioners drawing separate military pension and even if cases were earlier decided, it can be re-opened and re-considered. In opinion of this court, the petitioner in the facts of instant case could not be deprived of computing defence service which he rendered for grant of civil pension under the scheme of rules. CW 1247/07 [5] Consequently, writ petition stands allowed. Respondents are directed to compute the period of service rendered in Indian Air Force of 5 yrs. & 347 days effective from 21st August, 1964 to 2nd September, 1970 for the purpose of grant of civil pension to the petitioner. All consequential benefits including arrears be paid to him. Compliance be made within three months. [AJAY RASTOGI], J. FRBOHRA1247CW07 10-9.doc