- (1.) Learned counsel for the respondents could not dispute how the controversy in the instant case is distinguishable from the determination rendered by a Division Bench of this Court in Dev Dutt, ASI v. State of Punjab and others, (CWP No. 11908 of 1994 decided on 7.7.1995), wherein this Court observed as under :- "2. Military service has been defined to be service rendered by a person during emergency. Emergency in the country was imposed on 26.10.1962 and was lifted on 10.01.1968. Petitioner, thus, will be entitled to a total period of 4 years 4 months and 7 days as the period spent on military service during emergency from the date of his joining till the lifting of the emergency in the country.
(2.) XXX XXX XXX
(3.) That request made by the petitioner was not acceded to by the respondents on the ground that there was a gap of more than three years between the date of his discharge from the military service and his joining the Police Telecommunication, Punjab. For this reliance was placed on sub-rule (3) Rule 4 of the 1965 Rules, which reads as under :- "(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 to count for pension in exceptional cases under the orders of the Government".;