PIARA SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution seeks issuance of directions to the respondents to count the civil as well as military service rendered by the petitioner towards the regular service rendered by him in General Reserve Engineering Force (for brevity, 'GREF') for the purposes of commuting pension and death-cum-retirement gratuity.

(2.) Brief facts of the case are that the petitioner was appointed as overseer on 28.7.1961 in GREF and superannuated on 31.1.1985 on attaining the age of 58 years. According to the averments made in the petition, he had served in the Army in the rank of Naik from 11.1.1943 to 27.3.1947. A certificate to this effect has been placed on record as Annexure P-1. It is further claimed that thereafter he served from 6.8.1948 to 31.3.1950 in the Government Industrial Training Institute, Ferozpur City as Brick Laying Instructor which is a department under the Ministry of Labour, Government of Punjab. Another period of service which is sought to be tagged with the service rendered in the GREF is from 27.6.1950 to 1.4.1957 as a Brick Laying Instructor under the Government of India, Ministry of Rehabilitation. A certificate to this effect has been attached as Annexure P-2 The petitioner has further pleaded that he had filed civil Suit No. 337 of 1986. which was dismissed on 28.11.1987 by the Sub Judge Ist Class, Nawanshahar on the ground that the civil court at Nawanshahar did not have any territorial jurisdiction.

(3.) In the written statement filed on behalf of respondents 1 to 3, the stand taken is that the Army service from 11.2.1943 to 27.3.1947 is verifiable and no dispute, with regard to this service has been raised. However, with regard to the period of service rendered with the Ministry of Labour, Government of India, it is asserted that the service could not be verified. It has still further been asserted that the petitioner has failed to exercise option within a period of three months from the date of confirmation on the post of Overseer in GREF for counting service rendered in the Army and other civil posts. He retained benefits of gratuity etc. It is appropriate to mention that he was confirmed on the post of Overseer on 20.11.1969. The stand taken in the written statement further shows that in 1943, the petitioner was less than 18 years old and, therefore, on 11.2.1943 since he was less than 18 years, the service rendered for the period of about four years in the Army which alone is verifiable period cannot even be counted.