S.S.Sandhawalia, J. - (1.) WHETHER the benefit of military service with regard to seniority under Rule 4(ii) of the Punjab Government National Emergency (Concession) Rules, 1965, is available only once on the first appointment to public service is the significant question which falls for determination in this writ petition directly admitted to a hearing by the Division Bench.
(2.) DURING the Indo -Chinese War in the year 1962 the Petitioner offered himself for military service and on selection for the Emergency Commission after the necessary training he was commissioned on the 3rd of May, 1964. He had later occasion to serve in the Indo -Pakistan War of 1965 and was ultimately released from military service on the 1st of August, 1969. The Petitioner was, therefore, immediately compelled to seek some employment and he applied for and was selected as a Deputy Superintendent Jails against a post reserved for Ex -Servicemen. Whilst serving in the said capacity the Petitioner appeared for the Haryana Civil Service (Executive Branch) Examination in the year 1973 and again competed against a vacancy reserved for released military personnel. The Petitioner was selected and appointed to Haryana Civil Service against the said reserved vacancy and joined the post in July, 1974. He continues to serve in the same cadre. In order to effectuate the promises extended to those offering themselves for military service at the time of peril in War, the Punjab Government framed statutory rules under Article 309 of the Constitution of India called the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter called the Rules). Under Rule 4(ii) thereof the Petitioner claimed the benefit of his military service towards the fixation of his seniority in the Haryana Civil Service (Executive Branch) and made numerous representations which went un -heeded by the Respondent -State. He then preferred Civil Writ Petition No. 219 of 1978 which was dismissed as premature because of the stand of the Respondent -State that the representations of the Petitioner with regard to his seniority were as yet under consideration and it was undertaken on their behalf that these would be decided within three months. However, on the 18th of April, 1978, - -vide annexure P. 1, the representation of the Petitioner was rejected primarily on the ground that he had been earlier given the benefit of military service towards seniority when he joined the post in the Jail Department and he could not, therefore, be accorded the same benefit again. The stand taken on behalf of the Respondent, both at that stage and in contesting the present writ petition clearly is that the period of approved military service is to be taken into consideration only on first appointment and not on subsequent appointments in public service with regard to all the three matters of increments, seniority and pension.
(3.) IT is plain that the issue must turn on the true interpretation of Rule 4(ii) and it is, therefore, necessary to read the whole of the rule - - 4. Increments, seniority and pensions 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 and 10 and 3,11 of the Punjab Civil Services Rules, Vol. 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, provided that a person who has availed, of concessions under Sub -rule (3) of Rule, 3, shall not be entitled to the concession under this clause (Letter No. 2259 -2 FS 11 -76/7273, dated 22nd March, 1976. (iii) Pension : The period of military service mentioned in Clause (ii) shall count towards pension only in the case of appointments to permanent services or posts under the Government subject to the following conditions: (a) The person concerned should not have earned a pension under military rules in respect of the military service in question; (b) Any bonus or gratuity paid in respect of military service by the defence authorities shall have to be refunded to the State Government; (c) The period, if any, between the date of discharge from military service and the date of appointment to any senior 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.;