IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.105 of 2010 (O&M) Date of decision: 28.1.2010 State of Haryana & another. -----Appellants Vs. Marman Devi. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Ms. Ritu Bahri, Sr. DAG, Haryana for the appellants. --- ORDER: 1. This appeal has been preferred against order of learned Single Judge directing counting of Military service for grant of pension. 2. Shiv Lal, husband of the respondent joined Army in the year 1963 and during emergency, he served upto 1968. He continued to serve and retired from Army on 31.12.1984. Thereafter, he joined service of State of Haryana as JBT teacher on 4.12.1986 and retired on 31.7.1996. He could not get the benefit of pension as his service was less than 10 years. He, however, claimed that under the Punjab National Emergency Rules, 1965, Military service rendered during emergency was LPA No.105 of 2010 required to be counted for pension. This claim was contested on the ground that one of the conditions for counting Military service towards pension was that the person concerned should not have earned pension under the Military Rules in respect of the Military service in question. 3. Learned Single Judge held that there was nothing to show that Shiv Lal was given any pension for Military Service. It was further observed that in an appropriate case, the rigour of Rule could be relaxed, as was done by this Court in C.W.P. No.2327 of 2005 Harikesh v. State of Haryana etc. decided on 19.5.2006, with regard to other condition of duration of gap between discharge from Military service and joining of the civil service. 4. We have heard learned counsel for the appellants. 5. Learned counsel for the appellants submits that in para 4 of the written statement, a plea was taken that Shiv Lal was getting pension in the Military service and after his death, his widow, the writ petitioner, was getting family pension, which was not disclosed. 6. In absence of any evidence to substantiate this plea, learned Single Judge has recorded a finding that Shiv Lal was not getting any pension. The gap in requisite qualifying service and actual service rendered by Shiv Lal is insignificant, as admittedly he rendered service with the State of Haryana from 4.12.1986 to 31.7.1996 i.e. 9½ years. In view of this peculiar fact, we do not 2 LPA No.105 of 2010 find any ground to interfere with the view taken by learned Single Judge. 7. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE January 28, 2010 ( ALOK SINGH ) ashwani JUDGE 3