H.R. Panwar, J. - (1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 15.11.2003 (Annex. 9) and order dated 1.5.2006 (Annex. 13) and a direction to the respondents to count service rendered by the petitioner in Indian Air Force i.e. 7 years and 344 days for the purpose of computation of period for grant of pension with the State services rendered by him as also a direction to the respondents to revise the pension of the petitioner w.e.f. 31.12.2002 with all consequential benefits.
(2.) BRIEFLY stated that facts of the case to the extent they are relevant and necessary for the decision of this writ petition are that the petitioner joined the Indian Air Force on 16th May, 1964 and served the Indian Air Force as a regular employee (combatant member) for 7 years and 344 days as an Airman (Air Craftsman), however, he was discharged from the Indian Air Force on medical ground on 23.4.1972. The petitioner was holding the rank of Air Craft Man -I at the time of his discharge from service on medical ground. The petitioner was neither paid bonus nor gratuity at the time of his discharge but was allowed disability pension of Rs. 71/ - per month subject to review Medical Board. However, on resurvey by the Re -survey Medical Board held at Military Hospital, Jodhpur vide Annex. 3, the Medical Board assessed the disability of the petitioner less than 20% for life and therefore, the petitioner was held to be not entitled for the disability pension. The petitioner was appointed by the District Collector, Pali on the post of L.D.C. on 6.4.1973 vide Annex. 4 on being sponsored by the District Employment Exchange on temporary basis against the Ex -serviceman quota, however, subsequently the petitioner's services came to be confirmed w.e.f. 21.1.1978 by order dated 27.8.1985. After having rendered 29 years 8 months and 20 days service with the State, the petitioner came to be superannuated by order dated 2.8.2002 Annex. 7. While in service, the petitioner approached the respondent employer for counting the service rendered by him in the Indian Air Force for the purpose of pension but the respondents declined to count the services rendered by him in the Indian Air Force by the orders impugned. Hence this writ petition. A reply to the writ petition has been filed by the respondent State stating therein that the Rajasthan Civil Services (Pension) Rules, 1996 (for short 'the Rules of 1996' hereinafter) came into force and the Rule 19 of the Rules of 1996 provides for counting of military service rendered before civil employment.
(3.) RULE 19 of the Rules of 1996 reads as under: 19. Counting of military service rendered before civil employment. (1)(i) A Government servant who is re -employed in a civil service or post before attaining the age of superannuation and who, before such reemployment had rendered military service after the age of eighteen years which is pensionable under military Rules but which terminates before a pension has been earned in respect of it, may count such previous military service as qualifying service, at his option to be exercised within three months of date of joining civil service or post, subject to the condition that - (a) he shall be required to refund the bonus and/or gratuity received in respect of his earlier military service, in monthly instalments not exceeding thirty six in number, alongwith interest @ 6% per annum from the date of his joining service under the State Government, the first instalment beginning from the month in which he exercised the option. (b) the right to count previous service as qualifying service shall not revive until the whole amount has been refunded. (ii) In the case of a Government servant, who, having elected to refund the bonus and/or gratuity, dies before the entire amount is refunded, the un -refunded amount of bonus and/or gratuity shall be adjusted against the death gratuity which may become payable to the family. (iii) When an order is passed under this Rule allowing previous military service to count as part of the service qualifying for civil pension, the order shall be deemed to include the condonation of interruption in service, if any, in the military service and between the military and civil service provided it does not exceed two years. (2) Service pensionable under military Rules which does not terminate before a pension has been earned in respect of it shall not be allowed to count for pension under Civil Rules.;