Deepak Sibal, J. - (1.) Through the present petition, challenge is made to order dated 24.03.2008 (Annexure P -3), vide which the petitioner has been denied the entitlement to the benefit of military service rendered by him towards pension.
(2.) After hearing counsel for the parties and perusing the record with their able assistance, the uncontroverted facts, which have emerged are that the petitioner was enrolled in the Indian Army on 06.02.1963 and was discharged on 28.02.1991. Thereafter, on 03.09.1993, he joined the Zila Sainik Board as Welfare Organiser and retired as such on 30.04.2001. As he did not have the requisite 10 years of service while holding the aforementioned civil post of Welfare Organiser in Zila Sainik Board, he was denied the pensionary benefits by the respondents. On such denial, while relying on the Punjab Government National Emergency Concession Rules, 1965 (hereinafter referred to as - the 1965 Rules), the petitioner made a representation for counting the military service rendered by him in the Indian Army during the national emergency, towards pensionary benefits. On the rejection of his representation, the present petition has been filed.
(3.) It is the admitted position that for the service rendered by the petitioner in the Indian Army, he is receiving pension from the Indian Army. That being so, his claim under the 1965 Rules is not made out in view of condition no. 1 to Rule 4 (iii) of the 1965 Rules, which is reproduced below : - "4. Increments, seniority and pension : - Period of Military Service shall account for increments, seniority and pension as under : - xx xx xx xx (iii) Pension : - The period of military service mentioned in clause (i) shall count towards pension * [in case of first or any subsequent appointment to any service or post] under the Govt. 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; [Emphasis supplied]";