Civil Writ Petition No.19643 of 2008 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARAYANA AT CHANDIGARH Civil Writ Petition No.19643 of 2008 Date of Decision: 25.11.2011 Jaiwinder Singh ….Petitioner Versus The State of Punjab and others ….Respondents CORAM: HON’BLE MS. JUSTICE RITU BAHRI Present: Mr. Puran Chand Arora, Advocate for the petitioner. Mr. Puneet Gupta, Addl. Advocate General, Punjab Mr. Sukhmeet Singh, Advocate for respondent No.6. **** RITU BAHRI, J.(ORAL) Heard learned counsel for the parties. It is not disputed that the petitioner has retired as Panchayat Secretary of Panchayat Samiti, Leharagaga, District Sangrur on 31.03.2005. The grievances of the petitioner are that after retirement on 31.05.2005, his pension was given in July, 2008. At the time of giving of pension, arrears of pension amounting to Rs.1,20,056/-, deduction of Rs.5348/- and Rs.20,636/- on account of excess payment and nine months share of CPF was made; Petitioner has not been granted the proficiency step up, which was due to him on completion of 18/16 years and 24 years in the year 1994 and 1998 in view of the Govt. instructions contained in Circular letters No.7/14/88-SPP(1) (2269)18527, dated 01.12.1988 and No.7/37/98-5PPI/12851 dated - 1- Civil Writ Petition No.19643 of 2008 23/25.09.1998; Petitioner has served the Army for the period from 27.12.1965 to 20.12.1970(including the period of Emergency from 27.12.1965 to 09.01.1968) and after discharged from the Army he was appointed as Panchayat Secretary. As per Punjab Government National Emergency (Concession) Rules, 1965, an amendment to these Rules in the year 1982 was issued by Notification dated 08.06.2004, the period of Emergency Service was to be counted towards his service for the purpose of seniority, increments and pensionary benefits. An additional reply dated 26.03.2010 was filed by way of counter affidavit on behalf of respondent Nos. 1 to 6. As per this reply, petitioner is not entitled to the service rendered by him in military from 27.12.1965 to 09.01.1968 as after his appointment till his retirement, he has not submitted any document for taking the said benefit. Moreover, he was not appointed against the vacancy of Ex-servicemen. As per affidavit dated 22.09.1989 filed by the petitioner, he has admitted that he was not appointed against vacancy reserved for ex-servicemen as per Rule 9 of the Punjab Recruitment of Ex-Serviceman Rules 1982 (for short ‘the Rules’). This fact is clear from the letter issued by respondent No. 5-Deputy Executive Officer, Zila Parishad, Sangrur. Vide this letter dated 05.12.1996, the petitioner was informed that he was recruited as Panchayat Secretary from Military quota in accordance with letter dated 25.07.1974, so he has availed the benefit of military service. He is not entitled to claim the benefit in the National Emergency (Concession) Rules, 1965 as per Rule 9 of the Rules which clearly says that a person is entitled to pay fixation only if he is appointed against a vacancy reserved for ex-serviceman. Benefit of seniority/counting of military service for the purpose of seniority is not available under the - 2- Civil Writ Petition No.19643 of 2008 Rules. His claim for ACR increments under the ACP scheme was available to him in the year 1994 and in 1998. The writ petition qua military service benefit is rejected. However, direction is given to the respondents to consider the case of the petitioner for grant of ACP scales, in view of the relevant instructions issued by the department from time to time and pass appropriate orders, within a period of four months. If the petitioner is found entitled to the ACP scales, his pay be re-fixed and arrears will be restricted to 38 months. Accordingly, writ petition is disposed of. 25.11.2011 (RITU BAHRI) G.Arora/vcgarg JUDGE - 3-