- (1.) The short question raised in this petition is as to whether the petitioner is entitled to count his army service from 19.3.1965 to 10.1.1968 rendered during emergency as qualifying service for the purposes of pension or the petitioner is entitled to the benefit of ad hoc service rendered by him from 26.6.1970 to 28.2.1973 by treating it as qualifying service for the purposes of pension and other retiral benefits.
(2.) Brief facts of the case are that the petitioner joined the Indian National Army on 19.3.1965 during emergency and he continued to serve upto 30.12.1969 although the emergency was revoked on 10.1.1968. After discharge from the Army, the petitioner joined the Panchayat Department on 26.6.1970 on the post of Clerk on ad hoc basis in the respondent-State. He served as such till 28.2.1973. However, he was selected as Clerk by the Subordinate Services Selection Board and was appointed as such in the Transport Department where he joined on 1.3.1973. He sought voluntary retirement after rendering 20 years of service w.e.f. 31.12.1992. The petitioner earlier filed CWP No. 12260 of 2002 in this Court seeking direction to the respondents to grant him the benefit of military service rendered during emergency towards pension. The aforementioned petition was disposed of by a Division Bench of this Court on 8.8.2002 by directing the respondents to decide the legal notice sent by the petitioner and take a decision thereon within specified time by passing a speaking and well reasoned order. Accordingly, the respondents passed an order dated 11.11.2002 (Annexure P-2) by observing as under :- "Shri Hoshiar Singh Kadian prior to his joining in the Transport Department on 1.3.1973 had rendered Military service from 19.3.1965 to 30.12.1969. As per Govt. instructions the Military service rendered by him during emergency i.e. 19.3.1965 to 10.1.1968, 2 years 9 months 23 days was to be counted towards pensionary benefits. Keeping in view the above, he was given assume date of appointment on the post of Clerk with effect from 10.5.1970 but while furnishing his pension case his assume date of appointment was inadvertently shown as 26.6.1970. Thus the period 10.5.1970 to 25.6.1970 is required to be counted for pensionary benefit to the retiree. Accordingly, revised calculation sheet and pension (DCRG) has been prepared and is enclosed herewith for further necessary action at your end at the earliest possible so that the directions of the Hon'ble High Court could be complied with within the stipulated period i.e. 30.11.2002." A perusal of the afore-mentioned order shows that respondents have granted to the petitioner the benefit of emergency service from 19.3.1965 to 10.1.1968 (2 years 9 months and 23 days) for the purposes of pensionary benefits. Accordingly, he has been given assumed date of appointment on the post of Clerk from 10.5.1970. It appears that no benefit of ad hoc service rendered by the petitioner from 26.6.1970 to 28.2.1973 was either claimed nor granted by the respondents. Therefore, a prayer has been made by the petitioner for grant of benefit in respect of service rendered by him in the Army or the benefit of ad hoc service.
(3.) In the written statement the claim made by the respondents is that the petitioner has already been granted the benefit of emergency military service under the rules known as Punjab Government National Emergency (Concession) Rules, 1965 w.e.f. 19.3.1965 to 10.1.1968 (2 years 9 months and 23 days). It has further been asserted that the petitioner has been given seniority w.e.f. 10.5.1970 before joining on regular basis as Clerk on 1.3.1973. A copy of the order dated 28.2.1986 has been placed on record as Annexure R-1. According to the respondents all the benefits which have accrued to the petitioner on the basis of the date of appointment i.e. 10.5.1970 have already been granted. With regard to the benefit of ad hoc service rendered by the petitioner in the department of Panchayat w.e.f. 26.6.1970 to 28.2.1973 it is claimed that he is not entitled to count the aforementioned service as qualifying service for pension in view of the instructions dated 31.1.1984 (Annexure R-3). The respondents have pleaded that if the petitioner is granted the benefit of ad hoc service then his assumed date of appointment would be 5.9.1967 when actually he was in military service. Therefore, it is claimed that the petitioner cannot be given the benefit of ad hoc service towards pension as claimed in view of the notification dated 22.7.2005 (Annexure R-4).;