The High Court of Punjab and Haryana held that failure to supply a discharge book at joining does not bar military service benefits, relying on Modan Singh. The appeal challenging affirmations of lower courts that rooted the claimant's military service in pension fixation is dismissed.
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Manoj Kumar 2013.09.23 14:23 I attest to the accuracy and integrity of this document High Court Chandigarh
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RSA No.5282 of 2012 (O&M)
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
The State of Haryana through Collector and Ors.
Vs.
Om Parkash
CORAM: HON’BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Ashish Kapoor, Addl.A.G, Haryana for the appellants. Mr. Ashutosh Kaushik, Advocate for the respondent.
Jaswant Singh, J
By filing the present appeal, State of Haryana and its Officersdefendants/appellants have prayed for setting aside the concurrent findings recorded by both the learned courts below whereby the learned Addl. Civil Judge (Sr. Division), Kurukshetra decreed the suit of the plaintiffrespondent vide judgment and decree dated 5.1.2011 and the findings have been affirmed by the learned First Appellate Court vide judgment and decree dated 11.10.2012.
Plaintiff-respondent filed a suit for declaration along with consequential relief of mandatory injunction directing the defendantsappellants to the effect that he is entitled for the benefit of military service w.e.f 29.11.1963 to 28.12.1973 towards pay fixation and other service benefits including revised pension and gratuity etc along with interest. The suit was decreed by the learned trial Court while observing that the plaintiff served the military from 29.11.1963 to 28.12.1973 and the stand of the
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RSA No.5282 of 2012 (O&M)
defendants-appellants that the plaintiff-respondent has not supplied the discharge book at the time of joining his service with the Haryana Roadways in the year 1974 is not acceptable as it was the duty of the defendant-appellants to see all the relevant documents at the time of their joining.
Learned first Appellate Court has affirmed those findings in view of the judgment of this Court reported as Modan Singh Vs. State of Punjab and Ors. 2007(1)SCT (P&H) (DB) 421 but modified the relief upto the 10.1.1968 instead of 28.12.1973.
Counsel for the parties heard and the paper book perused carefully with their able assistance.
There is no dispute that the plaintiff-respondent has served the Indian Military w.e.f 29.11.1963 to 28.12.1973 and it was stated at bar by the learned counsel for the plaintiff-respondent that emergency was in existence w.e.f 26.10.1962 to 10.1.1968 and the same was agreed by the learned Govt. Pleader and thus, the relief to that extent has been modified by the learned first Appellate Court in para 8 of its judgment.
The only stand taken by the defendant-appellants is that the plaintiff-respondent did not supply his discharge book and due to that reason, his service could not be counted for proper fixation of pay and pension etc. He joined as a driver in the Haryana Roadways on 29.12.1974 on regular basis under Ex-serviceman quota and was retired on medical grounds vide order dated 3.6.1996 but the defendant-appellants did not grant the benefit of military service thereby leading to filing of Civil Suit No.276 of 2006, which was decided on 4.9.2008 by the learned trial Court while observing that the plaintiff-respondent may make a representation to
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RSA No.5282 of 2012 (O&M)
the competent Authority for calculation of his military service and the same shall be considered in accordance with law.
Consequently, a representation was given to the defendantsappellants besides one legal notice but the benefit was not granted to the plaintiff-appellant and the same was conveyed to him vide letter dated 26.3.2009 by the defendants-appellants, hence the present suit was filed on 29.4.2009.
The stand of the defendants-appellants that the plaintiffrespondent did not supply his discharge book at the time of entry and due to that reason, sanction for counting his military service could not be accorded by the competent Authority, is not acceptable in view of Modan Singh's case (supra) wherein it has been held that it is incumbent upon the competent Authority to accord necessary sanction regarding counting of Military Service in view of the provisions of Rule 4.3 and Notes 8 & 9 appended thereto of the Punjab Civil Service Rules as applicable to Haryana.
In view of the aforesaid discussion, this court finds that no substantial question of law is involved in the present case.
Dismissed.
August 30, 2012 ( JASWANT SINGH ) manoj JUDGE
2 issues framed by the court
Whether the failure to supply a discharge book at the time of joining Haryana Roadways negates the entitlement to military service benefits when it was the duty of the employer to verify documents at
Whether the Appellate Court properly modified the relief period from 28.12.1973 to 10.1.1968 based on the existence of the Emergency.
Colour shows how this judgement treated each authority
Modan Singh Vs. State of Punjab and Ors.Relied on¶17
Modan Singh Vs. State of Punjab and Ors. 2007(1)SCT (P&H) (DB) 421
State of Haryana
Om Parkash
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
