the request for reckoning the period of military service for pension was rejected by Exhibit P9, the petitioner's late husband had approached this Court and this Court disposed of the writ petition directing that the period of break being the condonable limit of three years, the Government was to consider the request of the writ petitioner therein for such condonation. However, no such consideration was done by the Government in Exhibits P11, P12 and P13 orders. The Government has obviously taken the stand that the period of break is more than three years. This contention is not available to the Government in the face of the clear findings in Exhibit P10 judgment. In the above background, the reasons stated in Exhibits P11, P12 and P13 for rejection of the claim of the petitioner for counting her husband's military service towards pension are erroneous. At this distance of time and in view of the fact that the petitioner is an aged widow, I do not think that it is appropriate to remand the matter to the Government for fresh consideration on the question of condonation of the break. In any view of the matter, with effect from 1.3.1976, by virtue of amendment in the Rules, the break between military service and civil service could be condoned automatically. In the above circumstances, I am of the view that this is a fit case where the benefit of counting of the military service rendered by the petitioner's husband is to be reckoned for the purpose of pension.
