Kanwaljit Singh Ahluwalia, J. - (1.) PRESENT writ petition has been filed by Mukand Singh. He is aggrieved against the impugned order (Annexure P -6) passed by the respondent University. A perusal of Annexure P -6 shows that Punjab Agricultural University has issued instructions to the Assistant General Manager, State Bank of India that due to change of pensionary benefits, pension be given after making adjustments and it was ordered that the pension, which is being received by the Petitioner from the Defence Department for rendering military service, be deducted from the pension, to which Petitioner was entitled for rendering service in the Punjab Agricultural University.
(2.) PETITIONER joined Indian Army on 21st February, 1963. He retired from military on 31st May, 1978 after having rendered 15 years service. Thereafter, he was employed as Driver in Punjab Agricultural University on 21st October, 1978 and he took premature retirement on 30th April, 2000. Petitioner is aggrieved against the action of the respondent, whereby the University deducted pension received by him from military service, out of the pension which was being disbursed by the University. Notice of motion was issued. University has filed reply. It has been stated in para 7 as under: "7. That in reply to para 7, it is submitted that pension payable by PAU, as Rs. 2227/ - was rightly calculated. Out of this amount a sum of Rs. 1275/ -, which the petitioner had been receiving from Defence Department was deducted in accordance with the provisions of Clause 8.8 of the Pension Statutes and Rule 7.23 of the Punjab Civil Services Rules Volume II. Even though the petitioner had served the PAU only for 50 Half years, yet his pension was calculated on the basis of 66 Half years. The formula prescribed by the aforesaid rules is as under: - - JUDGEMENT_179_LAWS(P&H)12_2008.htm Average emoluments for pension under Clause 1.5 (iv): - - 1.7.99 to 31.1.99 @ 5800 x 6 = 34,800 1.7.2K to 30.4.2K@ 6000 x 4 = 24,000 58,800: - 10 = 5880/ - p.m. Pension fixed: 5880 x 50 = Rs. 2227/ - w.e.f. 1.5.2000: 2 x 66 ( -) Rs. 1275/ - (Pension being Rs. 952/ - received from Defence Deptt.)"
(3.) COUNSEL appearing for the petitioner has stated that the University has wrongly applied Rule 7.23 of the Punjab Civil Services Rules. He has stated that in this case, Rule 7.19 of section III shall be applicable. The same read as under: Section III Re -employment of Military Pensioners [7.19 The rules in section II of this Chapter do not apply to a Military Officer, Departmental Officer, Warrant Officer or Non -Commissioned Officer or Soldier, who is taken into or allowed to continue in Civil employment after he has been granted a pension under Military Rules. His pension for service in his Civil Department will not be affected by his military pension.];