CWP-15705-2011 CWP-23052-2012 CWP-10946-2000 IN T 103-2 CWP-15705-2011 Ajaib Singh vs. St CWP-10946-2000 Om Parkash vs. St CWP-23052-2012 Nishan Singh vs. S CORAM: HON ***** Present : Mr. Mr. S ***** AMAN CHAUDH 1. These disposed of togeth 2. Praye action of respond rendered in secon years 1965, 1963 a 3. Learn covered by the ju others, CWP-80 was also dismiss implemented, whi 2011 (O&M) 2012 (O&M) 2000 (O&M) IN THE HIGH COURT OF PUNJA AT CHANDIGARH Date 2011 (O&M) vs. State of Punjab and others 2000 (O&M) vs. State of Punjab and others 2012 (O&M) h vs. State of Punjab and others HON'BLE MR. JUSTICE AMAN C ***** Mr. RK Arora, Advocate for the petit Mr. Satnam Preet Singh, DAG, Punja ***** AUDHARY, J. (ORAL) These cases involve similar issue together. Prayer made in the present petition spondent authorities not allowing th second emergency as they joined the 1963 and 1967. Learned counsel submits that case the judgment passed in Raj Kuma 80-2014, decided on 27.02.2017, a ismissed on 24.09.2024 and the sa which learned State counsel despite 1 UNJAB & HARYANA ARH Date of decision: 15.01.2025 AN CHAUDHARY e petitioner. , Punjab. issues and therefore, are being etitions for direction to declare the ing the benefit of military service the Indian Armed Forces in the case of the petitioner is squarely Kumar vs. State of Punjab and , against which LPA-1287-2017 the said judgment has since been despite his best efforts, has not been eing the vice the rely and een een ASHOK KUMAR 2025.01.15 18:33 I attest to the accuracy and integrity of this document CWP-15705-2011 CWP-23052-2012 CWP-10946-2000 able to controvert the aforementione judgment in Raj K “I car Ru rep “R re D i a) pa af on on th pe se ot b) sh pe co i. un qu ii. th G iii m po su on co G ser cou con pen 2011 (O&M) 2012 (O&M) 2000 (O&M) trovert the factual position and draw ntioned judgments or cite any contrar Raj Kumar (supra) reads thus:- I have heard the learned counsel carefully gone through the case file Rule 8 (B) as amended vide not reproduced as under:- “Rule 8-B Increments and Pensio rendered during the Second Na December, 1971 to 25th Ma increments and pension as under: a) Increments- The increments for paid to those persons only, who aforementioned period. This ben only at the time of making first on a civil post or service under these increments will be taken in person is subsequently fixed on selection, new recruitment or otherwise; b) Pension- The period of milita shall count towards pension only permanent post under the Govern conditions namely:- i. The person concerned should under military rules in respect question. ii. Any bonus or gratuity paid in the defence authorities shall hav Government, and; iii. The period, if any, between military service and the date of a post under the Government shall such period does not exceed one one year but not exceeding three count for pension in exceptional Government.” Clause (b) of the said Rule sho service rendered during the second counted for increments and pens conditions laid down in Clause pension the conditions laid down C 2 draw out any distinctive aspects in contrary law, relevant extract of the unsel for both the parties and have se file. e notification dated 15.10.2009 is Pension – Period of military service d National Emergency from 3 rd h March, 1977 shall count for nder:- nts for the aforesaid service shall be , who rendered service during the is benefit will, however, be given first appointment on regular basis under the Government. However, ken into account when the pay of a xed on account of his promotion, nt or revision of pay scale or military service, referred to above, only in case of an appointment to a overnment, subject to the following should not have earned a pension espect of the military service in aid in respect of military service by ll have to be refunded to the State tween the date of discharge from te of appointment to any service or t shall count for pension, provided ed one year. Any period exceeding three years may also be allowed to tional cases under the orders of the ule shows that the period of military econd national emergency has to be pension. For increment there are lause (a) and for the purpose of own Clause (b) of the Rules, 1982. ts in the ave 9 is vice 3 rd for ll be the iven asis ver, f a tion, or ove, to a ing sion e in e by tate rom e or ided ding d to itary o be are of ASHOK KUMAR 2025.01.15 18:33 I attest to the accuracy and integrity of this document CWP-15705-2011 CWP-23052-2012 CWP-10946-2000 pet and bon of the qua pet the ins ext exi ser P gra inte nat ser Ac pet pen of wil of pre del ann 4. Relev 2011 (O&M) 2012 (O&M) 2000 (O&M) Learned counsel for the peti petitioner has not earned any pen and that he is also willing to depo bonus so received by him. Therefo of the Rules, 1982, the services of the second national emergency a qualifying service for the purpos petitioner depositing the bonus or the respondent department with instructions. Mere fact that the p extreme compassionate grounds be exist is not a ground to decline service as a qualifying service for t It being so, the impugned letter P-3) is hereby set aside and on gratuity, granted to the petitioner u interest, the services of the petition national emergency are ordered service for grant of pension a Accordingly, after adding the s petitioner shall be recalculated and pensionary benefits shall be paid to Since, the petitioner approache of this writ petition, in the year 2 will not be entitled for any interes of his retirement i.e. 31.07.2005 present writ petition i.e. 08.01.201 delayed payment of retiral dues s annum till the date of actual payme In view of the above, the petitio Relevant portion of judgment in LPA “7. We have heard learned cou through the file with their able 8. The factual aspect as narrate a matter of record that writ pe time of start of Second Nationa Relevant and applicable provis Punjab Recruitment of Ex amended on 15.10.2009 reads a “8-B Increments and pensio rendered during the Second rd December, 1971 to 25th increments and pension as un 3 e petitioner states at Bar that the y pension under the military rules o deposit the amount of gratuity or herefore, in terms of the Rue 8 (b) ces of the petitioner rendered during ency are liable to be counted as purpose of pension subject to the us or gratuity received by him with with interest as per government the petitioner was discharged on nds before the emergency ceased to cline to compute the said military e for the pension. d letter dated 23.12.2013 (Annexure d on the deposit of said bonus or ioner under the military Rules, with etitioner rendered during the second ered to be counted as qualifying sion and other service benefits.. the said service, pension of the ed and the revised pension and other paid to the petitioner. roached this Court by way of filing year 2014, therefore, the petitioner interest on the arrears from the date .2005 till the date of filing of the 01.2014. Thereafter, interest on the dues shall carry interest @ 9% per payment. petition stands allowed.” LPA-1287-2017 reads thus:- ed counsel for parties and have gone ir able assistance. narrated above is not in dispute. It is writ petitioner was in service at the ational Emergency i.e. 03.12.1971. provision i.e. Rule 8B(a) and (b) of f Ex-serviceman Rules, 1982 as reads as under:- pension – Period of military service econd National Emergency from 3 25th March, 1977, shall count for n as under:- the ules y or (b) ring as the with ent on d to itary xure s or with ond ying fits.. the ther iling oner date the the per one It is t the 971. ) of as vice m 3 t for ASHOK KUMAR 2025.01.15 18:33 I attest to the accuracy and integrity of this document CWP-15705-2011 CWP-23052-2012 CWP-10946-2000 2011 (O&M) 2012 (O&M) 2000 (O&M) a) Increments - The increm shall be paid to those per rendered service during the benefit will, however, be giv first appointment on regul service under the Governmen will be taken into account subsequently fixed on accou new recruitment or revision o b) Pension - The period of above, shall count towards appointment to a permanent subject to the following cond (i) the person concerned sho under military rules in resp question. (ii) any bonus or gratuity service by the defence a refunded to the Government. (iii) the period, if any, betwe military service and the date or post under the Governm provided such period does period exceeding one year, b may also be allowed to cou cases as per orders of the Go 9. Perusal of Rule does not rev benefit for the period of seco which the employee served. Th proportionate benefit in quest person who has not completed from 03.12.1971 to 25.03.1977 10. Argument that the benefi employee only if he had join period in question, is devoid of in view the order dated 13.11 2013. Controversy sought to longer res integra, keeping in Supreme Court in Raj Pal Shar Haryana 1985 AIR SC 12 categorically held that mere released from military servic cannot disentitle him from the 11. Learned counsel for appell infirmity or irregularity in imp which calls for interference. 4 ncrements for the aforesaid service se persons only, who joined and g the afore mentioned period. This be given only at the time of making regular basis on a civil post or ernment. However, these increments count when the pay of a person is account of his promotion, selection, ision of pay scale or otherwise; and iod of military service, referred to wards pension only in case of an anent post under the Government, g conditions, namely:- ed should not have earned a pension n respect of the military service in atuity paid in respect of military nce authorities shall have to be nment. between the date of discharge from e date of appointment to any service vernment, shall count for pension; does not exceed one year. Any year, but not exceeding three years, to count for pension in exceptional the Government.” ot reveal any such bar for release of of second National Emergency for ed. There is no such stipulation that question cannot be released to a pleted service for the entire period 3.1977. benefit would be available to the d joined Armed Forces during the void of any merit especially keeping 13.11.2014 passed in CWP17661- ht to be raised in any case is no ing in view the decision of Hon’ble al Sharma and others versus State of SC 1263, wherein it has been mere factum of employee being service on compassionate ground m the benefit in question. appellant is unable to point out any in impugned order dated 27.02.2017 vice and This king t or ents n is tion, d to f an ent, sion e in itary be rom vice ion; Any ears, onal e of for that to a iod the the ping s no ’ble te of een eing und any 017 ASHOK KUMAR 2025.01.15 18:33 I attest to the accuracy and integrity of this document CWP-15705-2011 CWP-23052-2012 CWP-10946-2000 5. Learn situated employee dated 25.01.2024 on the judgment Punjab and other 6. In wa of the judgment pa 7. Photo 15.01.2025 ashok 2011 (O&M) 2012 (O&M) 2000 (O&M) 12. No other argument has been 13. In the given facts and circu order dated 27.02.2017 is uph dismissed being devoid of any 14. Pending application(s), if a Learned counsel for the petitioner ployee has been granted benefit vide e .2024 by the General Manager, Punjab ment in CWP-17661-2013 titled as others, decided on 13.11.2014. In wake of the above, the present peti ent passed in Raj Kumar (supra). Photocopy of this order be placed on Whether speaking Whether reportable 5 as been raised. d circumstances as above, impugned is upheld. Appeal is, accordingly, f any merit. f any, stand(s) disposed of.” itioner submits that the similarly vide endorsement No.421-422/ECC Punjab Roadways, Amritsar-I based d as Rajinder Singh vs. State of nt petitions are disposed of in terms ed on the connected files. (AMAN CHAUDHARY) JUDGE : Yes/No : Yes/No ned gly, larly CC ased e of ASHOK KUMAR 2025.01.15 18:33 I attest to the accuracy and integrity of this document