KULDIP SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court for quashing of letter dated 14.11.2007 (Anneuxre P-7), vide which the claim made by the petitioner for counting the service rendered by him during emergency period towards the grant of pension has been rejected.

(2.) It is the contention of the counsel for the petitioner that vide order dated 17.09.1980, petitioner has been granted the benefit of the military service rendered by him w.e.f. 07.02.1968 to 09.08.1976 towards increment and pension etc. He contends that the petitioner, in the light of the said order, is entitled for counting of the military service benefits towards pension which has been denied to him vide impugned order dated 14.11.2007 (Annexure P-7). He contends that the said order cannot sustain.

(3.) On the other hand, counsel for the respondents submits that the petitioner is not entitled to the benefit which has been claimed by the petitioner under the Punjab Government National Emergency (Concessions) Rules, 1965 (hereinafter referred to as 'Emergency (Concessions) Rules'). He further places reliance upon a judgment of the Supreme Court in the case of Dhan Singh and others vs. State of Haryana and others, 1991 1 RSJ 433. His contention is that the petitioner cannot be granted the said benefit in the light of the amendment in the Emergency (Concessions) Rules, according to which the benefit has to be restricted to those persons who had joined the military service during the period of emergency i.e. 26.10.1962 to 10.01.1968. He, on this basis, contends that the impugned order is in accordance with law and, therefore, does not call for any interference by this Court.