Court allowed a writ petition allowing an ex-serviceman to claim military service benefits towards increments and pension, limited to the national emergency period, but denied seniority benefits.
Respondents directed to grant military service benefits towards increments and pension for the emergency period, limited to 38 months arrears.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 16339 of 1996 Date of Decision : January 13, 2012
Mardan Singh ..... Petitioner
Versus
The State of Punjab and others
..... Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH.
Present:Mr. R.K. Arora, Advocate, for the petitioner.
Mr. Ranvir S. Chauhan, DAG Punjab.
PARAMJEET SINGH, J. (Oral)
The instant writ petition has been filed under Articles 226/227 of the Constitution of India for directing the respondents to allow the military service benefit towards increments, seniority and pension and other consequential benefits. The petitioner joined Indian Army on 11.2.1947 and served the nation during the national emergency and was relieved from military service on 11.4.1968 on expiry of the assignment. Thereafter, the petitioner was selected as a PTI in the Education department of State of Punjab through employment exchange under the Ex-serviceman category. The petitioner joined service of the respondent/Education department as PTI on 1.8.1968 and ultimately was superannuated from service on 31.12.1992.
The respondents in their written statement filed to the writ petition have denied the averments and stated that the petitioner is not entitled to the benefits as per the provisions contained in Rule 4 of the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter
referred to as the 1965 Rules) promulgated by the Department of Home, Punjab notification dated 27.5.1995 (Annexure-R-1). As per the notification, such benefit is subject to the condition that 'a person concerned should not have earned pension under the Military Rules'. Therefore, it was pleaded that writ petition should be dismissed.
I have heard the learned counsel for the parties, perused the record and considered the rival contentions.
This Court has held that irrespective of date of joining Armed Forces, the person, who after discharge from the Armed Forces, joins civil services in the State of Punjab is entitled to the benefit of military service under Rule 4 of the 1965 Rules, but the benefit of the military service has to be confined which is rendered during the period of emergency., i.e. from 26.10.1962 to 10.1.1968. Reference in this regard can be made to the Division Bench judgment of this Court in case titled Jamiet Singh Versus District and Sessions Judge, Amritsar 1995 (1) RSJ 431, in which this Court has considered this point and has answered as aforesaid. Thereafter, similar view has been taken in an identical situation in a case titled Sarwan Singh Versus State of Punjab and others, CWP No. 707 of 1996 decided on 30.7.1996.
In view of the settled law, the present writ petition is allowed. Respondents are directed to grant the benefit of military service to the petitioner rendered by him during the period of emergency as envisaged under Rule 4 of 1965 Rules. This relief will be limited for grant of increments and pensionary benefit. However, petitioner will not be entitled to the benefit of military service towards seniority. The arrears of the pay/pension etc. that may become due to the petitioner by giving the aforesaid benefits would be restricted to 38 months prior to the date of filing the writ petition. The
direction shall be carried out within three months from the date of receipt of certified copy of this order.
No order as to costs.
January 13, 2012 sjks
3 issues framed by the court
Whether an ex-serviceman who joined State civil services after discharge is entitled to military service benefits.
Whether such benefits are confined to the period of the national emergency only.
Whether the petitioner is entitled to seniority or only increments and pensionary benefits based on military service.
Colour shows how this judgement treated each authority
Jamiet Singh Versus District and Sessions Judge, AmritsarReferred¶15
Jamiet Singh Versus District and Sessions Judge, Amritsar 1995 (1) RSJ 431
Sarwan Singh Versus State of Punjab and othersReferred¶15
Sarwan Singh Versus State of Punjab and others, CWP No. 707 of 1996
2 provisions across 2 enactments
Mardan Singh
The State of Punjab
PARAMJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
