J.S. Narang, J. - (1.) THE short question which is involved in this petition is whether the petitioner is entitled to count the intervening period of emergency having been declared on 26.10.1962 and revoked on 10.1.1968.
(2.) THE petitioner had joined service in the Army on 25.10.1956 and was released therefrom on 31.7.1974. He joined as Chief Security Officer on 2.10.1974 with National Textile Corporation (a Government of India Undertaking) and thereafter joined as Secretary, Zila Sainik Board, Gurdaspur on 17.3.1980. The post of Secretary was redesignated as District Sainik Welfare Officer. He was subsequently promoted to the rank of Deputy Director, Sainik Welfare, Punjab and retired therefrom on 30.11.1996. The petitioner had made various representations, for seeking the counting of military service rendered by him during the emergency in pursuant to Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter referred to as the 'rules') for ancillary benefits. It shall be apposite to note Rules 2, 3 and 5 of the rules which read as under : - "2. Definition: For the purpose of these rules, the expression military service means enrolled or commissioned service in any of the three wings of the Indian Armed Forces (including services as a warrant officer) rendered by a person during the period of operation of the Proclamation of Emergency made by the President under Article 352 of the Constitution on the 26th October, 1962 or such other service as may hereafter be declared as military service for the purpose of these rules. Any period of military training followed by military service shall also be reckoned as military service. 3. Maximum age limit and minimum qualification : (1) The maximum age limit prescribed for appointment to any service or post shall be relaxed in favour of a person who has rendered military service to the extent of his military service, provided he produces a certificate from the competent authority that he had rendered continuous military service for a period of not less than six months and was discharged because of demobilization or reduction not more than three years prior to the date of his registration at an employment exchange or the date of his application for employment under the government (2) A person who has become disabled while in military service shall be also entitled to exclude from his age the period from the date he was disabled upto the date of his application for appointment to any service or post under the Government or till the end of the present emergency whichever is shorter. (3) In case a person who has rendered military service does not possess the minimum qualifications prescribed for any service or post, he shall be deemed to possess these qualifications if the appointing authority certifies that such a person has acquired by experience or otherwise qualifications equivalent to those prescribed for that service or post. (4) Increments, seniority and pension - Period of military service shall count for increments, seniority and pension as under : - (i) Increments : - The period spent by a person on military service, after attaining the minimum age prescribed for appointment to any service or post to which he is appointed, shall count for increments. Where no such minimum age is prescribed the minimum age shall be as laid down in Rules 3.9,3.10 and 3.11 of the Punjab Civil Services Rules, Volume -II. This concession shall, however, be admissible only on first appointment. (ii) Seniority - The period of military service mentioned in clause (i) shall be taken into consideration for the purpose of determining the seniority of a person who has rendered military service. (iii) Pension - The Period of military service mentioned in clause (i) shall count towards pension only in the case of appointments to permanent services or posts under the Government subject to the following conditions : - (1) The person concerned should not have earned a pension under military rules in respect of the military service in question; (2) Any bonus or gratuity paid in respect of military service by the defence authorities shall have to be refunded to the State Government; (3) The period, if any, between the date of discharge from military service and the date of the appointment to any service or post under the Government shall count for pension, provided such period does not exceed one year. Any period exceeding one year but not exceeding three years may also be allowed to count for pension in exceptional cases under the orders of the Government. 5. Seniority, promotion, increment, pension and leave of Government Employees : - The period spent on military service by a Government employee shall count for seniority, promotion, increment and pension in the service or post held by him immediately before his joining military service. A permanent Government employee who renders military service, shall earn leave during such service according to the leave rules applicable to him immediately before his joining military service. A temporary Government employee shall during military service, be governed by the military rules in all respects. The employee concerned shall be entitled to proforma promotion in his parent department under 'the next below rule and also to seniority in higher posts to which he would be otherwise have been entitled if he had not joined military service."
(3.) THE representation of the petitioner was decided and that the petitioner was given the benefit of counting the military service rendered during the emergency period for the purpose of fixation of seniority vide order dated 29.1.1996 (copy Annexure P -31). The benefit for the purpose of counting the aforesaid service for the purpose of computing the qualifying service for earning the pension stood declined. As a result thereof, the pension was calculated according to the pay fixed accordingly. The petitioner aggrieved of this order filed the present petition and has sought two fold reliefs : - (i) Calculating the military service rendered during the emergency, i.e., with effect from 26.10.1962 to 10.1.1968 form the purpose of qualifying service in respect of computing pension. (ii) Similar benefit has been claimed in respect of the second emergency period from 3.12.1971 to 3.7.1977.;