- (1.) During the currency of the National Emergency from 26.10.1962 upto 10.1.1968, the petitioner joined the Indian Army on 8.7.1963 and he continued in the military service up to 10.6.1970. Thereafter, he joined employment of respondent No. 1-State of Punjab, as a Constable, with effect from 16.4.1971. He rose to become an Inspector, a post which he held at the time of his superannuation on 31.5.2003.
(2.) As per the provisions of the Punjab Government National Emergency (Concession) Rules, 1965, an ex-serviceman is entitled to a variety of benefits/concessions. In terms of Rule 4(iii), an ex-serviceman is entitled to count the period of military service towards seniority and pension subject to the riders quoted hereunder :- "(iii) Pension :- The period of military service mentioned in clause (I) shall count towards pension 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." In view of the military service rendered by the petitioner, respondent No. 1 by granting him the benefit of military service of 4 years 6 months and 2 days, gave advance increments at the time of joining of civil employment and also ordered that the aforesaid emergency period of 4 years 6 months and 2 days would be counted towards the civil pension also (vide clause (iv) of the letter dated 12.9.1987). However, the benefit of military service was not given to him towards seniority. He filed Civil Writ Petition No. 3613 of 1995, which was allowed by this Court and the respondents were directed to grant benefit of emergency period duty towards seniority also. Resultantly, for the seniority purpose also, respondents treated the deemed date of appointment as Constable and also granted retrospective promotion in the various cadres up to the rank of Sub Inspector. Annexure P-2 is a copy of the promotion order reflecting deemed date of appointment for the purpose of seniority dated 5.7.1996.
(3.) It transpired from a perusal of the Pension Payment Order dated 19.6.2003 (Annexure P-3) that the benefit of the military service period of 4 years, 6 months and 2 days had not been accorded to the petitioner in terms of Rule 4(iii). The petitioner preferred a representation which invited favourable processing at the hands of respondent Nos. 1 and 2 but which (representation) was rejected by respondent No. 3 on the plea that benefits towards increments having already been granted, that period cannot be counted towards the pension. Copy of order is Annexure P-4. It is that order which occasioned the filing of the present writ petition.;