DALEL SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Through the present petition, the petitioner seeks counting of his military service towards pension, seniority, increments and pay fixation, which has been declined through the impugned orders dated 11.09.2008 (Annexure P-8) and 17.05.2013 (Annexure P-12).

(2.) The relevant facts, which are borne out from the record of the case and which have emerged from the arguments raised at the bar are that from 11.02.1975 to 28.02.1995, the petitioner served the Indian Army and after being discharged, he, on 13.07.1998, joined the services of the Haryana Government as a Chowkidar in the Department of Sports and Youth Welfare, from which post, on attaining the age of superannuation, he retired. His representations for the grant of benefit of military service towards seniority, pay fixation, increments and pension, having been rejected, the present petition has been filed.

(3.) Learned counsel for the petitioner relies on the Punjab National Emergency (Concession) Rules, 1965, which ex-facie are not applicable to the facts of the case in hand as it is the admitted position that the petitioner neither joined nor served the Indian Army during the period of emergency. When cornered with the above situation, learned counsel pressed into service Rule 4.3 of the Punjab Civil Services Rules, Volume II (hereinafter referred to as the Rules). While admitting that there was no provision in the entire Punjab Civil Services Rules with regard to counting of military service for the purpose of seniority, increments and pay fixation, he submitted that under Rule 4.3 of the Rules, military service rendered by the petitioner has to be counted towards pension. Rule 4.3 (a) and (b) of the Rules is reproduced as under :-