C.W.P. No.2863 of 1998 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.2863 of 1998 DATE OF DECISION: SEPTEMBER 21, 2010 Suraj Bhan .....PETITIONER Versus The State of Haryana and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE JITENDRA CHAUHAN --- Present: Mr. R.S. Sangwan, Advocate, for the petitioner. Mr. G.S. Chahal, Addl. A.G., Haryana. .. SATISH KUMAR MITTAL, J. C.W.P. No.2863 of 1998 -2- The petitioner, who has retired as driver from Haryana Roadways, Sonepat, has filed the instant petition for issuing direction to the respondents to re-fix his pension, after taking into consideration 4 years, 3 months and 12 days of military service rendered by him during the emergency from 28.9.1963 to 10.1.1968 under the Punjab National Emergency Rules, 1965 (hereinafter referred to as `the Rules'), towards his pension, and the arrears of pension be paid to him accordingly. Undisputedly, the petitioner was enrolled in Indian Army on 28.9.1963. He was discharged from the Army on 19.11.1972. Thereafter, he joined as driver in Haryana Roadways (a civil post under the Haryana Government) in March, 1973 from where he was compulsorily retired w.e.f. 7.9.1994. In the written statement filed on behalf of the respondents, it has been averred that the petitioner has already been granted the benefit of military service rendered by him during the emergency, i.e., 28.9.1963 to 10.1.1968. It has been further averred that the petitioner is not entitled to any more benefits. It is admitted position that the benefit of military service rendered by the petitioner during the emergency, i.e., 28.9.1963 to 10.1.1968, has not been taken into consideration by the respondents while fixing the pension of the petitioner. On the other hand, it is the case of the petitioner that the military service rendered by him during the emergency, i.e., 28.9.1963 to 10.1.1968 is countable towards increments, seniority and pension in view of Rule 4 of the Rules. During the course of arguments, learned counsel for the C.W.P. No.2863 of 1998 -3- respondents very fairly conceded that in view of the Division Bench decision of this Court in Raja Ram v. The State of Haryana and others, (CWP No.16474 of 1995, decided on February 27, 1996) and the Full Bench decision of this Court in Rajender Kumar, SI v. The State of Haryana and others, 1992(2) PLR 754 and also in terms of Rule 4 of the Rules, the petitioner is entitled for counting the military service rendered by him during the period of emergency towards increments, seniority and pension. He states that the respondents will re-consider the claim of the petitioner and grant the benefit of the said period to him towards the pension also, and thereafter, his pension will be re-fixed accordingly and the arrears will be paid to him. In view of the aforesaid statement made by the learned counsel for the respondents, the petition is allowed. The respondents are directed to re-consider the claim of the petitioner while re-fixing his pension, within a period of one month. While re-fixing the pension of the petitioner, the respondents shall take into account the military service rendered by him during the emergency, i.e., 28.9.1963 to 10.1.1968. The respondents will also pay the arrears of pension to the petitioner within a period of three months' thereafter. (SATISH KUMAR MITTAL) JUDGE September 21, 2010 ( JITENDRA CHAUHAN ) vkg JUDGEs