KIRPAL SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Petitioner had served the nation during the Chinese aggression in the year 1962. The State Government gave a clarion-call to the youth to serve their mother-land and for the encouragement of those who responded to this call, the State enacted the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter referred to as, 'the 1965 Rules') granting certain benefits.

(2.) The Petitioner, on the call of the nation, joined Indian Army on 29th June, 1963 during the national emergency. He was released from the Army on compassionate grounds on 26th October, 1973 after completion of 10 years and 109 days of service.

(3.) It is not disputed that the Petitioner was granted benefit of 4 years, 6 months and 15 days of service rendered in Indian Army towards the seniority, increments and pension. As per the 1965 Rules, for calculation of pension, the military service is to be computed. Rule 4(iii) of the 1965 Rules reads as under: