IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) 9245 of 2008. Decided on: May 26, 2011. Kartar Singh …Appellant Versus State of H.P. & another …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the petitioner Mr. M.R.Verma, Advocate. For respondent No. 1 Mr. J.S.Guleria, Asstt. A.G. For respondent No. 2 Mr. Adarsh Sharma, Advocate. Surjit Singh, Judge (oral) Heard and gone through the record. 2. Petitioner, after rendering 5 years and 229 days of service in the Indian Army, was discharged. He became eligible, on account of the aforesaid Army Service, to seek employment against a civil vacant post, reserved for Ex- servicemen. He applied for the post of Junior Auditor in the HRTC, impleaded as respondent No. 2, in the year 1975. He was selected and appointed. At the time of his selection and appointment, employees of HRTC were not entitled to pension. They were, however, entitled to the benefit of Contributory Provident Fund. In the year 1995, a Scheme was introduced to extend the benefit of pension to the employees of HRTC. Copy Whet her report ers of t he l ocal papers may be al l owed t o see t he j udgment ? - 2 - of that Scheme is Annexure A-1. Scheme became effective from 5.6.1995 and was notified on 6.10.1995. 3. Petitioner, vide communication dated 16.10.1995, copy Annexure A-2, opted for the aforesaid Pension Scheme and also opted for counting his military service, for the purpose of pension, after surrendering pensionary benefits, extended to him by the Army Authorities. 4. Petitioner retired from service, on attaining the age of superannuation, on 31.8.2000. He was not given the benefit of Army Service, when calculating his pension. He made representation, copy Annexure A-2. He was informed that the matter had been referred to the Government. Ultimately, vide Annexure A-4, dated 29.4.2002, he was informed that his representation had been rejected. 5. Petitioner filed Original Application before the erstwhile H.P. State Administrative Tribunal. That Tribunal was abolished and the matter stood transferred to this Court. The same has been registered as the present writ petition by the Registry of this Court. 6. Grievance of the petitioner is that his military service be counted, for the purpose of Pension and Death-cum-Retirement Gratuity. 7. Respondents, in their reply, have admitted that the petitioner had exercised option, for being governed by the Pension Scheme of 1995, as also for counting of his military service, vide letter dated 16.10.1995, copy Annexure A-2. But their plea is that he was denied the benefit of military service, as he was supposed to have exercised option for benefit of - 3 - Army Service, within one year of his joining the service, which he joined on 2.8.1975. 8. I have heard learned counsel for the petitioner as also learned counsel, representing respondent No. 2 and gone through the record. 9. Rejection of the petitioner’s claim, for counting military service, on the ground that he did not exercise option within one year of his joining the service, is without merit. When the petitioner joined service, employees of HRTC, i.e. respondent No. 2, were not entitled to pension. They were entitled to Contributory Provident Fund benefit. Scheme, extending the benefit of Pension and DCRG, for the employees of HRTC, was introduced vide Notification, dated 6.10.1995, Annexure A-1. The Scheme said that as regards the employees, already on the rolls of the Corporation, they shall have to opt for the Scheme within 90 days, of the issue of the Notification, which is dated 6.10.1995. It was only after introduction of the pension scheme, for the employees of the Corporation, that its employees, including the petitioner, could have exercised the option, not only for being covered under the Scheme, but also for benefit of Army Service. Petitioner exercised the option within 10 days of the issue of Notification. Therefore, he is entitled to the benefit of military service. 10. Consequently, present writ petition is allowed and respondent No. 2 is directed to re-calculate the Pension and Death-cum-Retirement Gratuity, of the petitioner, with effect from the date of his superannuation, by taking into account his Army Service, and to work out the amount of arrears of Pension - 4 - as also the DCRG and to pay the same to the petitioner after deducting the amount on account of pensionary benefit of army service already availed by the petitioner, within three months, from the date of this order. Copy of this order be supplied to counsel for respondent No. 2, by 27.5.2011 positively. May 26, 2011(PC) (Surjit Singh ), J.