C.W.P.No.5811 of 1994 1 In the High Court for the States of Punjab and Haryana at Chandigarh … C.W.P.No.5811 of 1994 Date of decision: 11.7.2011 Jagir Singh ..Petitioner Versus The State of Punjab and others ..Respondents Coram: Hon’ble Mr.Justice M.M.Kumar Hon'ble Mr.Justice Gurdev Singh Present: None for the petitioner. Mr.Suvir Sehgal, Addl.A.G.Punjab for the respondents ****** 1.To be referred to the Reporters or not ? 2.Whether the judgment should be reported in the digest ? M.M.KUMAR,J. 1. The petitioner joined as a Air Craftman on 10.9.1964 during the proclamation of emergency made on 26.10.1962. He was released for pension on 30.9.1984 after completion of over 20 years of service in the Indian Air Force. It is pertinent to mention that the period of National Emergency was from 20.10.1962 to 9.1.1968(First Emergency Period) and the period of second emergency was from 3.12.1971 to 23.7.1977. 2. The respondents-State has framed the rules under proviso to Article 309 of the Constitution of India which are known as “The Punjab Government National Emergency (Concession) Rules, 1965” (for brevity “1965 Rules”) for conferring benefits on Ex. Servicemen who have joined Armed Forces during the period, the proclamation of emergency has remained in operation. Rule 4 of the 1965 rules envisages counting of Military Service for grant of benefit for increment, seniority and pension. 3. After the release from the armed forces, the petitioner joined as C.W.P.No.5811 of 1994 2 Assistant Sub Inspector in Punjab Police against the post reserved for Ex. Serviceman on 30.6.1988. He requested for grant of benefits of the military service by making representation on 9.1.1993 (Annexure P-1) in respect of the period of emergency, namely, 10.9.1964 to 10.1.1968 and 3.12.1971 to 23.7.1977. The representation was rejected on 27.2.1993 (Annexure P-2) on the ground that the had joined the civil service after 12.2.1982 when the Punjab Government Recruitment of Ex. Servicemen Rules, 1982 (for brevity “1982 Rules”) were enforced and 1965 rules were repealed along with other rules. It is however, pertinent to mention that the 1982 rules have again been amended on 8.6.2004 and the period of military service rendered during the first emergency from 26.10.1962 to 9.1.1968 has been included for grant of benefit towards increment and pension subject to certain conditions. The aforesaid amendment dated 8.6.2004 is taken on the record as mark “A”. 4. The matter was heard on 7.7.2011 and no one has put in appearance in support of the petitioner. Even on the resumed date of hearing, i.e., today, the situation remains the same. Accordingly we have heard learned Additional Advocate General, Punjab. 5. After hearing learned counsel, we find that issue is no longer res integra and in order to appreciate the contention raised by Mr. Sehgal, learned State counsel, it would be appropriate to peruse amendment made in 1965 Rules by adding Rule 8-A, which read thus:- “8-A. Increments and Pension.- Period of military service rendered during the First National Emergency from 26th October,1962 to 9th January, 1968 shall count for increments and pension as under:- (i) Increments.- The period spent by a person on military service (restricted to emergency period from 26th October,1962 to 9th January, 1968) after attaining the minimum age prescribed for appointment to any service or post, to which he is appointed, shall count for C.W.P.No.5811 of 1994 3 increments. Where no such minimum age is prescribed the minimum age shall be as laid down in Rules 3.9, 3.10 and 3.11 of the Punjab Civil Services Rules, Volume II. This concession shall, however, be admissible only on first appointment. (ii) Pension.- The period of military service mentioned in clause (i) shall count towards pension only in the case of appointments to permanent services of posts, subject to the following conditions:- (1) The person concerned should not have earned a pension under military rules in respect of the military service in question. (2) Any bonus or gratuity paid in respect of military service by the defence authorities shall have to be refunded to the State Government. (3) The period, if any, between the date of discharge from military service and the date of appointment to any service or post under the Government shall count for pension, provided such period does not exceed one year. Any period exceeding one year but not exceeding three years may also be allowed be count for pension in exceptional cases under the orders of the Government. 3. This benefit shall be applicable to all those who were appointed in Government service before or after 11th February,1982.” 6. A perusal of Rule 8-A as added in the year 2004 would show that the period of first emergency would count for increment. The only condition is that the aforesaid concession would be admissible only on the first appointment. C.W.P.No.5811 of 1994 4 However, with regard to reckoning the period of military service, clause (ii) of the Rule is relevant. A perusal of clause (ii) of the Rule would show that the period of military service mentioned in clause (i) would count towards pension only in case of appointment to permanent service on a post subject to various conditions. According to the first condition, the person concerned should not have earned a pension for military service in respect of the military service in question. Secondly, any bonus or gratuity paid in respect of military service by the defence authorities has to be refunded to the State Government and lastly, there should not be more than 3 years of gap between the date of discharge from military service and the date of appointment to the civil post under the Government. 7. In the present case, it is admitted and pleaded case of the petitioner that he joined as Assistant Sub Inspector on 30.6.1988 after having released for pension on 30.9.1984. Obviously, the period between his release from the Armed Forces and employment on a civil post as Assistant Sub Inspector was more than three years. Accordingly, he would be entitled to grant of increments alone but that period cannot be counted for the purpose of granting him pension as he does not fulfill either the condition of 3 years as contemplated by Clause 3 of Rule 8-A nor he fulfills the condition (1) given in clause (ii), because he has earned pension from the Armed Forces. 8. In view of the above, the writ petition is partly allowed. The petitioner is held entitled to grant of increment for the period of service he has rendered during the proclamation of first emergency, namely, 25.6.1963 to 9.1.1968. Thus, he would be entitled to two increments. The needful shall be done within a period of three months from the date of receipt of certified copy of this order. (M.M. KUMAR) JUDGE July 11,2011 (GURDEV SINGH) nk JUDGE