IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.336 of 2010 (O&M) Date of decision: 30.3.2010 The State of Haryana and others -----Appellants Vs. Shri B.D.Chauhan -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Deepak Girotra, AAG, Haryana for the appellant. --- Adarsh Kumar Goel,J. 1. This appeal has been preferred against order of learned Single Judge directing counting of service rendered by the respondent-writ petitioner with the Air Force for purposes of pension with the service rendered by him in the State of Haryana. 2. The respondent served the Air Force from 19.11.1965 to 30.11.1974. Thereafter, he joined as Senior Auditor in the office of the Registrar, Cooperative Societies on 15.7.1977. He made representation for counting Air Force service as part of service rendered with the State of Haryana for purposes of pension. On rejection of the said prayer vide letter dated 2.3.2004,Annexure P.7, he filed a writ petition. He LPA No.336 of 2010 (O&M) relied upon Rule 4.3(a) of Punjab Civil Service Rules, Volume II and Rule 4(iii) of Punjab Government National Emergency (Concession) Rules, 1965. 3. Learned Single Judge upheld the claim of the respondent. It was observed:- “It is not disputed that the petitioner is not getting any pension for the service rendered by him with the Air Force. Rule 4.3(a) thus would cover the case of the petitioner. The petitioner has also rightly sought support from the Rule 4 (iii) of the emergency rules. It is clearly mentioned that the period of military service shall count towards pension only in the case of appointment to permanent services under the Government is subject to the conditions contained therein. One of the condition is that the person concerned should not have earned a pension in the military rules in respect of the military service in question. It is further provided that any bonus or gratuity paid in respect of military service by the defence authorities shall have to be refunded to the State Government. The petitioner has pleaded and otherwise also it is clear that the petitioner did not earn any pension for the service rendered by him in their Air Force. He, however, had received gratuity, which he prepared to return 2 LPA No.336 of 2010 (O&M) as has been urged by the counsel for the petitioner.” 4. We have heard learned counsel for the parties and perused the record. 5. Only contention put forward in the appeal is that before formally joining the service, the respondent had to undergo training for nine months and if that period is not taken into account as part of service, there was gap of more than three years in discharge from military service and joining civil service, which debarred him from claiming the benefit of past service. 6. We are unable to accept the submission. Neither this stand is shown to have been taken in the written statement nor in the arguments before learned Single Judge. Moreover, there is no ground to exclude the period of training for purpose of gap in discharge from military service and joining of civil service. 7. Thus, we do not find any merit in this appeal and the same is dismissed. (Adarsh Kumar Goel) Judge March 30, 2010 (Alok Singh) ‘gs’ Judge 3