CWP No.4962 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.4962 of 2009 (O&M) Date of Decision: 18.05.2010 **** S.K. Kaushal . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Vijay Sharma, Advocate for the petitioners Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner seeks a mandamus to grant him the benefit of military service towards his pension and other retiral benefits. The petitioner had served in the Indian Army for a period of 9 years and 14 days. He claims the aforesaid relief on the strength of Rule 4.3(a) of the Punjab Civil Service Vol-II. (2). The respondents have filed their counter-affidavit resisting the petitioner’s claim on the plea that he is not entitled to the above-stated relief under the Punjab State National Emergency (Concession) Rules, 1965. (3). It is apparent from the stand taken by the respondents that the petitioner’s claim for counting of the military CWP No.4962 of 2009.doc - 2 – service towards pension and other retiral benefits under Rule 4.3 (a) of the Rules ibid has not been considered and his claim has been turned down being inadmissible under the 1965 Rules. (4). The writ petition is accordingly disposed of with a direction to respondent No.1 to consider the petitioner’s claim in terms of the provisions contained in the Punjab Civil Service Rules and dispose of the same by passing a speaking order within a period of four months from the date of receipt of a certified copy of this order. (5). Needless to say that if the petitioner’s claim is accepted, necessary orders along with consequential benefits shall also be released in his favour within the above stipulated period. (6). Ordered accordingly. (7). Dasti . (SURYA KANT) JUDGE 18.05.2010 vishal shonkar