CWP No.12416 of 1993 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CWP No.12416 of 1993 Date of decision : 24.1.2011 Gurdev Singh ........Petitioner Vs. State of Punjab and others .........Respondents CORAM : HON'BLE MR. JUSTICE PERMOD KOHLI Present:- Mr.Rameshwar Sharma, Advocate, for the petitioner Ms.Charu Tuli, Senior DAG, Punjab --- PERMOD KOHLI, J (Oral) : The petitioner joined the Indian Army on 9.2.1963 as Combatant Clerk. He was later on promoted as Lance Naik, Naik and Hawaldar. The petitioner was released from Army on 11.2.1978. On being released from the Army, the petitioner was appointed as a Clerk in Government High School Sekha Kalan on 6.1.1979. Petitioner retired from service on attaining the age of superanuation. The short grievance of the petitioner in this petition is that he has not been granted the benefits of the increments, seniority and benefits of service rendered in Army for the purposes of pensionary benefits. In the reply filed, it is stated that the petitioner is not entitled for the benefits as he was released at his own request. This cannot be a ground to deny the benefits of Army service to the petitioner. It is irrelevant whether the petitioner was released at his own request or on completion of the tenure of the service in the Army. The fact remains that the petitioner served during emergency, thus, petitioner is entitled to the benefits of the service rendered during emergency in terms of the statutory rules framed by the State of Punjab CWP No.12416 of 1993 -2- namely Punjab Government National Emergency (Concession) Rules, 1960. This question is no more res-integra having been considered by this Court in a number of writ petitions. Reference can be made to 'State of Punjab and another v. Malkiat Singh and others, 2010 (4) SCT 537' wherein this Court allowed the benefits relying upon number of judgments of this Court and that of the Hon'ble Supreme Court. This petition is accordingly allowed. Respondents are directed to grant all admissible benefits i.e. increments, seniority and qualifying service for the purposes of pensionary benefits by counting the Army Service rendered during emergency. Let, the retiral benefits of the petitioner be re-considered and re- determined and petitioner be released service as well as the retiral benefits within a period of four months. (PERMOD KOHLI) JUDGE 24.1.2011 akm