STATE OF HARYANA Vs. S R YADAV

JUDGEMENT

(1.) While issuing notice of motion in this case, this court had placed reliance on the observations made by the Hon'ble Supreme court in State of Haryana and another Vs. Shri Om Parkash, 2006 (4) SLR 765. The contention raised on behalf of the State was that Regular Second Appeal No.1833 of 2008 (O&M) :2: the respondent had joined the service three years after his discharge from the Military service and accordingly in terms of Rule 4(iii) of the Punjab Government National Emergency (Concession) Rules, 1965 (for short "the Rules"), he was not entitled to count the Military service for the purpose of pension. The observations made by the Hon'ble Supreme Court while interpreting Rule 4(iii) of the Rules, referred to above, cannot be read in a manner as is being suggested by the State counsel. The rule position would show that this rule is meant to include military service for the purpose of grant of pension and would regulate the period after discharge and joining the post under the Government. It is in this context rule provides a position that if the gap does not exceed one year, it shall count meaning thereby that even without working on a Government post, the person would be entitled to count this service for the purpose of pension. If the period does not exceed three years, then the same also is countable at the discretion of the Government and this period may also be allowed to count towards pension in exceptional cases. Ofcourse, necessary consequences of this rule would be that if the period of gap is more than three years, then it would not be countable under any circumstances.

(2.) This rule cannot be read to mean that the entire period of military service would stand forfeited and would not be countable towards pension in case the gap between the discharge and the joining of the post under the Government is more than three years. The observations made in the case of Om Parkash (supra) have been minutely perused by me. This judgment can not be read in the manner as is being suggested by the State counsel to say that if a gap is more than 3 years then military service would not be countable for pension. The relevant part of the same reads as under:-

(3.) The word `same' (underline above) would be significant and mean the period of gap alone.