- (1.) Petitioner admittedly served Indian Army as an Education Officer from 21.8.1993 to 20.8.1998 on Short Service Commission basis and thereafter was retired. She applied for appointment to the post of Principal (School Cadre) H.E.S.-II and was duly selected and issued appointment letter dated 15.11.2002. In pursuance thereto, she joined as a Principal (School Cadre) H.E.S.-II on 20.11.2002 with the Education Department, Haryana.
(2.) Petitioner put-forth her claim for counting her Military service for the purpose of pay fixation/annual increments and pension etc. as provided under Rule 4.3 of the Punjab Civil Services Rules Vol.II. (for short PCS Rules). The claim of the petitioner stands rejected by the respondents vide order dated 27.7.2009 (Annexure P-8) on the ground that she is not entitled to the benefit of said Rule as her claim is not covered by the Punjab Government National Emergency (Concession) Rules, 1965 as also under Rule 4.3 of the PCS Rules Vol.II. Reliance placed upon by the counsel for the petitioner in the case of Major R.K.Sharma, which was based upon the judgment passed by this Court in CWP No.3265 of 1995 Capt.V.S.Narwal vs. Chief Secretary to Government of Haryana, decided on 13.11.1995, was held to be not applicable to the claim of the petitioner as the same was a judgment in personam and no benefit thereof could be granted to the petitioner. It is this order which is challenged by the petitioner through the present writ petition.
(3.) Counsel for the petitioner has referred to Rule 4.3 (a) of the PCS Rules Vol.II to contend that the respondents have simply by stating in the order dated 27.7.2009 (Annexure P-8) that the claim is not covered under the said Rule brushed aside the justified claim of the petitioner. He contends that according to the said Rule, if a person does not earn pension because of the service rendered by him in the Military, is entitled to the pensionary benefits by counting the service rendered by the petitioner provided that she refunds the gratuity and bonus, if any, received at the time of her relieving from service. Petitioner is also entitled to the grant of advance increments for the service rendered by her in the light of the judgment passed by this Court in Capt.V.S.Narwal's case (Annexure P-2). He contends that the claim of the petitioner being fully covered under the statutory Rules as also the judgment passed by the Division Bench of this Court, as referred to above, the present writ petition deserves to be allowed by quashing the impugned order.;