HARBANS LAL SHARMA Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2012-8-148
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 16,2012

HARBANS LAL SHARMA Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) Challenge in the present petition is to the order dated 7.7.1999, Annexure P12, issued by the Director, Education Department (S) Punjab whereby the claim of the petitioner for grant of benefit of military service from 11.11.1944 to 21.3.1948 towards qualifying service for pension has not been accepted.
(2.) The petitioner retired from the post of Punjabi Teacher from the Education Department, State of Punjab on 31.12.1984 on completion of almost 30 years of service. Accordingly, the petitioner has been released the benefit towards pension/retiral benefits in lieu of service rendered with the Education Department, State of Punjab. It has been asserted that the petitioner served in the Military Accounts Department from 11.11.1944 to 21.3.1948 as Upper Division Clerk and his services had been dispensed with on account of closure of concerned establishment. Since such service was less than four years, the petitioner did not get any pension or gratuity in relation to such military service. It so transpires that the petitioner submitted a representation for claiming the benefit of military service towards qualifying service for pensionary benefits, in the year 1993. Thereafter, repeated representations were submitted by the petitioner towards claiming such benefit. The petitioner preferred Civil Writ Petition No.10215 of 1998 before this Court and the same was disposed of on 7.7.1998 in terms of directions having been issued to the respondent-authorities to consider and decide the petitioner's claim in terms of passing a speaking order. It is in deference to the directions passed by this Court that the impugned order dated 7.7.1999 has been passed wherein the claim for counting of military service for purposes of pensionary benefits has been rejected.
(3.) I have heard learned counsel for the parties at length.;


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