J.S.Khehar, J. - (1.) The petitioner was enrolled in the Indian Army on 18.12.1962, during the subsistence of the first national emergency. In this behalf, it would be pertinent to mention, that the first national emergency was declared by the President of India, on 26.10.1962, and further, that the said emergency came to be lifted on 9.1.1968. The petitioner was discharged from service on completion of the term of his employment, on 31.7.1978. Immediately, on his release from the Armed Forces, he enrolled himself with the employment exchange, whereafter, he came to be selected and appointed as a Patwari in the Revenue Department of the State government, on 14.1.1982.
(2.) Having rendered service in the Indian Army from 1962 to 1978, the petitioner continued to press his claim for grant of increments and seniority, under the provisions of the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter referred to as the 1965 Rules). Since the claim raised by the petitioner did not bear fruit, he approached this Court by filing Civil Writ Petition No.18185 of 2004. The aforesaid writ petition came to be disposed of by this Court with a direction to the Deputy Commissioner, Ludhiana, to take a final decision on the legal noticed submitted by the petitioner (wherein, he had agitated the aforesaid claim), by passing a well reasoned speaking order. In compliance with the directions issued by this Court, the Deputy Commissioner, Ludhiana, passed an order dated 28.1.2005, rejecting the claim of the petitioner.
(3.) It is not a matter of dispute, that the present controversy is to be adjudicated in terms of Rule 4 of the 1965 Rules, which not only deals with increments and seniority, but also, pension on account of military service rendered by an employee, prior to his civil employment. Rule 4 of the 1965 Rules, is accordingly, being extracted hereunder:- "4. Increments, seniority and pension:- Period of military service shall count for increments, seniority and pension as under:- (i) Increments:- The period spent by a person on military service, 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) Seniority:- The period of military service mentioned in clause (i) shall be taken into consideration for the purpose of determining the seniority of a person who has rendered military service. (iii) Pension:- The period of military service mentioned in clause (i) shall count towards pension only in the case of appointments to permanent services or posts under the Government 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 to count for pension in exceptional cases under the orders of the Government.";