Civil Writ Petition No. 4990 of 1996 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 4990 of 1996 Date of decision:- 25.11.2011 Balbir Singh Saini ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. B.S. Sehgal, Advocate for the petitioner. Mr. Gazi Mohd. Umair, DAG, Punjab. RITU BAHRI J. The petitioner is seeking writ of mandamus directing the respondents to count the Naval Service rendered by the petitioner from 16.7.1966 to 16.7.1976 i.e. 10 years for the purpose of pensionary/retiral benefits. The petitioner having rendered 10 years Naval service and discharged before completing 15 years, which is minimum for earning pension. The service rendered in the Naval service included emergency from 16.7.1966 to 16.7.1968 and then from 3.12.1971 to 16.7.1976. This is evident from the certificate issued by the competent Naval Authorities (Annexure P-1). On 26.7.1977 he was appointed as Group Instructor in the Industrial Training Institute Punjab under the Technical Civil Writ Petition No. 4990 of 1996 -2- Education and he was appointed as Vocational Master (adhoc) in the Education Department Punjab on 01.9.1982 and his services were regularized w.e.f. 1.4.1985. He made number of representations under the 1965 Rules and 1968 Rules for counting the Naval service under Rule 4.3 of Punjab Civil Service Rules for the purpose of pensionary/retiral benefits. The representations of the petitioner are Annexures P-3 to P-5. His case remained under correspondence. In the reply filed to the writ petition, the Department has rejected the claim of the petitioner on the grounds that he was appointed on adhoc basis on 01.9.1982 and thereafter filed writ petition on 14.3.1996 after a lapse of 14 years and his claim is time-barred. The petitioner had discharged from the Naval service on 16.7.1976. Thereafter, he had joined the Industrial Training Institute on 26.7.1977. Thereafter joined as Vocational Master on 01.9.1982. After being discharged in the year 1976 there is a gap of almost six years in joining the Education Department on 01.9.1982. Thereafter, he had made the first representation for claiming the benefit of military service vide Annexure P-3 dated 28.1.1994 whereby the Principal, Government Senior Secondary School had recommended the case of District Education Officer, Hoshiarpur for the first time. He eventually filed the writ petition in the year 1996 under the Punjab Civil Services Rules. The competent authority is required to accord sanction Civil Writ Petition No. 4990 of 1996 -3- at the time of appointment of the person. This benefit is not to be extended at the time of his retirement from civil service. If any gratuity has been paid, it is to be recovered in monthly instalments and if the gratuity has not to be recovered, the fact is to be mentioned in the sanction. Rule 4.3(b) Note 8 is reproduced as under :- “4.3(b) Note 8 :- The sanction regarding the counting of military service should be accorded by the competent authority at the time of appointment of the person concerned and not at the time of his retirement from civil service. Sanctions accorded in such cases are required specially to mention the amount of gratuity or bonus recoverable, the number of monthly instalments in which the bonus or gratuity is to be recovered, and the date from which the recovery is to commence. If, in any case, the gratuity is not to be recovered, the fact will be specially stated in the sanction. The gratuity once refunded in order to secure the benefit of counting former military service for civil pension cannot be paid back in any circumstances.” The language of the Rule 4.3(b) Note 8 contemplates that the benefit of military service should be extended by the competent authority at the time of appointment. In the present case the petitioner has sought his benefit after joining the civil service in the year 1977 by way of filing writ petition in the year 1996. There is a gap of almost 14 years and hence the writ petition is liable to be rejected. Civil Writ Petition No. 4990 of 1996 -4- No merits. The writ petition is dismissed. 25.11.2011 ( RITU BAHRI ) Vijay Asija JUDGE