GULJARA SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed the instant writ petition impugning the order dated 14.5.2009, Annexure P3, as also order dated 31.10.2011, Annexure P5, whereby the claim for grant of benefit of increments towards military service rendered by him during the First National Emergency has been declined.

(2.) Brief facts are that the petitioner was enrolled in the Indian Army as a Sepoy on 18.11.1963. He retired as a Junior Commissioned Officer (JCO) on 31.8.1986 having rendered almost 23 years of service. Upon discharge, the petitioner was appointed as a Clerk in the Punjab Sainik Welfare Department and joined as such on 11.11.1986. It is the pleaded case of the petitioner that at the time of joining service as Clerk with the Punjab Sainik Welfare Department, the pay of the petitioner was fixed by granting him benefit of Rule 7.20 of the Punjab Civil Services Rules, Vol.II, Chapter VII (for short 'PCS Rules'). The petitioner retired upon attaining the age of superannuation i.e. on 30.4.2003.

(3.) The petitioner submitted an application in October 2004 for the grant of benefit of increments towards military service rendered by him during the period of First National Emergency which period had been declared by the Government of India from 26.10.1962 to 9.1.1968. During such period, the petitioner had served for a period of 5 years, 1 month and 23 days i.e. from 18.11.1963 to 9.1.1968 for which he had raised the claim for grant of increments. Such claim had been raised on the strength of notification dated 8.6.2004 whereby the Punjab Recruitment of Ex-servicemen (2nd Amendment) Rules, 2004 (for short '2004 Rules') were notified. However, vide order dated 14.5.2009, the Director, Sainik Welfare Punjab issued an order rejecting the claim of the petitioner as also certain other employees on the basis that the pay of such employees had already been fixed on the last pay drawn by them from the Military and, accordingly, they had already derived benefit of Rule 7.20 of the PCS Rules, Vol.II.