BHAJAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in the instant writ petition is to the order dated 27.12.2002 (Annexure P-12), whereby the claim of the petitioner seeking the benefit of military service for purposes of annual increments and pension, has been rejected.

(2.) Facts in brief and which are not in dispute would require notice. Petitioner served in the Corps of Signals in the Indian Army from 13.1.1965 to 27.4.1970. The First National Emergency was declared on 26.10.1962 and remained in force up to 10.1.1968. Having served in the Army, the petitioner joined the Police Department on 12.7.1971 i.e. after a gap of 1 year and 3 months. Petitioner retired from the Police Department on 31.12.2001 upon attaining the age of superannuation. Post retirement the petitioner submitted a number of representations raising a claim for counting of his military service towards qualifying service for grant of pension. It is such claim that has been rejected in the light of impugned order dated 27.12.2002 (Annexure P-12).

(3.) Upon notice of motion having been issued, a joint reply has been filed on behalf of respondents no.2 to 4. The stand taken on behalf of the State is that the claim of the petitioner had been duly forwarded to the D.G.P., Punjab and in turn the matter was referred to the Govt. of Punjab, Department of Home Affairs & Justice for condonation of the gap period of over one year i.e. between military service rendered by the petitioner and joining the Punjab Police. Rejection of the claim of the petitioner for counting of his military service for grant of pensionary benefits has been justified in the light of Rule 4 of the National Emergency (Concession) Rules, 1965 (herein after to be referred as 1965 Rules) stating that the period between date of discharge from military service and date of appointment to any service or post under the govt. is to count for pension provided such period does not exceed one year and any period exceeding one year but not exceeding three years may also be allowed to count for pension in exceptional cases. It has been contended on behalf of the State that there were no exceptional circumstances in the case of the petitioner and since the period between the date of discharge from military service and date of appointment of the petitioner in the Punjab Police exceeded the period of one year, as such, his military service cannot count towards qualifying service for grant of pensionary benefits.