- (1.) The claim in the present petition is for counting the service of the petitioner rendered by him during emergency in the Indian Army towards seniority, increments and pension in accordance with the notification dated 08.06.2004. At the very outset, the learned counsel for the petitioner states that he restricts his claim to increments and seniority only and has given up his claim for pension.
(2.) The only ground on which it was denied as mentioned in the written statement was that the petitioner did not join the civil service within a period of one year from the date of discharge from Military Service.
(3.) Learned counsel for the petitioner has countered by arguing that in the first place the selection of the petitioner was made within seven months but due to some compulsions of the respondents themselves posting order could not be issued within a period of one year. Secondly, he has relied upon Rule 8-A of The Punjab Government National Emergency (Concession) Rules, 1965 which is to the following effect:- 8-A. Increments and Pension - Period of military service rendered during the First National Emergency from 26th October, 1962 to 9th January, 1968 shall count for increments and pension as under:- (i) Increments - The period spent by a person on military service (restricted to emergency period from 26th October, 1962 to 9th January, 1968) 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) Pension - The period of military service mentioned in clause (i) shall count towards pension only in the case of appointments to permanent services of posts, 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 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 be count for pension in exceptional cases under the orders of the Government. 3. This benefit shall be applicable to all those who were appointed in Government service before or after 11th February, 1982.;