BHAJAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court claiming the benefit of the Punjab Government National Emergency (Concession) Rules 1965, on the ground that he has joined the Army and served during the first emergency which was declared on 26.10.1962 and remained in force up to 10.1.1968. In pursuance of the call of the nation, petitioner joined the Indian Army on 7.3.1963 as a Gunner, after the declaration of the national emergency on 26.10.1962. He continued to serve the nation and was discharged from the Army on 26.11.1970. After his discharge, he joined the civil services as a Surveyor in the respondents - department on 16.02.1971. He retired from service on 31.10.2002 on attaining the age of superannuation. The benefit of the emergency service was not granted to the petitioner. He submitted a representation to the respondents for giving him the benefit of the military service as per his entitlement under 1965 rules. He served a legal notice dated 15.3.2010 upon the respondents, claiming the said benefit but that also did not yield any result and thus petitioner had filed the present writ petition. In the reply filed by the respondents, the only objection which has been taken by the respondent is that at the time of joining of service or during his service period, petitioner had not claimed the benefit of the emergency period i.e. 7.3.1963 to 26.11.1970. The claim having not been made by the petitioner during his service cannot now be allowed to the petitioner after his retirement. It is further asserted that the petitioner is not entitled to the said benefit as he had been appointed against the temporary post of Surveyor and therefore was not entitled to the benefit of military service.

(2.) On considering these submissions of the counsel for the parties, this Court on 29.07.2011 passed the following order:-

(3.) Counsel for the parties have been heard today but no judgment could be cited by the learned counsel for the respondents which would controvert the observations as recorded by this Court in its order dated 29.07.2011. The claim of the petitioner being based upon the statutory rules cannot be denied to him especially when denial of the same gives a continuous recurring cause of action to the petitioner as this would enhance the emoluments of the petitioner which would now be the pension amount only. Belated claim of the petitioner can be taken care of by restricting the arrears while granting that relief as claimed by him. In view of the above, the present petition is allowed. Directions are issued to the respondents to grant him the benefit of emergency service, which he had rendered as per the 1965 Rules. Consequential benefits, the petitioner would be entitled to, shall be calculated and disbursed to the petitioner within a period of three months from the date of receipt of this order. Arrears however, be restricted to three years and two months prior to the date of service of legal notice dated 15.3.2010.