Civil Writ Petition No. 1242 of 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 1242 of 2003 Date of decision:- 25.11.2011 Ex-Major Harmesh Chander Kundra ...Petitioner Versus The Punjab State Electricity Board and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. B.S. Sehgal, Advocate for the petitioner. Mr. Gazi Mohd. Umair, DAG Punjab. RITU BAHRI J. The petitioner has rendered the service in the Indian Air Force from 25.2.1963 to 1.1.1964. He has served as Short Service Commissioned Officer from 28.6.1965 to 4.11.1971. He is seeking a writ of mandamus directing the respondents to grant the petitioner increment on account of having rendered the service in the Army during the period of proclamation of emergency from 28.6.1965 to 10.1.1968 under the Punjab Government National Emergency (Concession) Rules. The petitioner after discharged from the Army on 4.11.1971 after serving for 6 years 4 months and 6 days. Thereafter, he served with the Punjab State Electricity Board as Civil Writ Petition No. 1242 of 2003 -2- Security Officer on 26.10.1982 against a regular post. At the time of selection he had submitted the entire service record of the Army service to the respondents. The entire service including the Short Service Commissioned is required to be counted for grant of benefit of military service under the rules and regulations as such Emergency Rules, Punjab Civil Services Rules as adopted by the Punjab State Electricity Board. The petitioner confines the benefits w.e.f. 28.6.1965 to 10.1.1968 under the Punjab National Emergency (Concession) Rules, 1965. He had made many representations in this regard on 4.2.1984 (Annexure P-2) and on 25.2.2002 (Annexure P-3) i.e. before his discharge from the service of Electricity Board. He was retired on 31.3.2002 after attaining the age of 58 years. He has been granted pension for the service rendered for 19 years 5 months and 23 days. The total period spent in the Army was 6 years 4 months and 6 days and including in the civil service period total service comes to 27 years 1 month and 5 days. Mr. B.S. Sehgal, counsel for the petitioner has argued that a similar issue came up for consideration before a Co- ordinate Bench in C.W.P. No.4947 of 2002 (Bhagwant Singh v. State of Punjab and others) and C.W.P. No.7254 of 1998 decided on 6.7.1999. While interpreting Rule 4.3 it is held that the period spent in military service shall be counted for the increments, seniority and pension. The person concerned should not have earned pension under the Military Rules in respect of military Civil Writ Petition No. 1242 of 2003 -3- service in question. Any bonus or gratuity paid in respect of military service rendered shall have to be refunded to the State Government. Section 4(1) is absolute in nature. Placing reliance on Rule 4(3) to deny his benefit of service rendered in the Army is misinterpreting the entire scheme of Punjab Government National Emergency (Concession) Rules, 1965. He has also argued that a number of judgments have been passed by this Court following the Division Bench judgment in Dev Dutt, ASI v. State of Punjab and others 1996(7) SLR 807. The benefit of military service has been granted where there was a gap of more than 3 years in joining the service. In a recent judgment in Bhagwant Singh v. State of Punjab and others 2009(3) SCT 242 this Court has granted similar benefits of service rendered during emergency as while interpreting Rule 4(3) of the Punjab National Emergency (Concession) Rules, 1965. No written statement has been filed. Mr. Gazi Mohd. Umair, learned counsel for the State does not dispute the settled preposition of law that even if there is a gap of beyond 3 years the benefit as contemplated under Section 4(1) of the Punjab National Emergency (Concession) Rules, 1965 is to be given to an ex-Army personnel for the purpose of seniority, pension and increments. The writ petition is allowed and the respondents are directed to count the period of the service rendered by the petitioner from 28.6.1965 to 10.1.1968 under the Punjab Civil Writ Petition No. 1242 of 2003 -4- Government National Emergency (Concession) Rules, for the purpose of seniority, increments and pension. This exercise will be completed within four months from the date of receipt of certified copy of this order and consequential retirement benefits be released to the petitioner within aforesaid period alongwith interest @ 6% per annum. 25.11.2011 ( RITU BAHRI ) Vijay Asija JUDGE