CHANDER SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) This is a Civil Writ Petition under Article 226 of the Constitution of India for issuing a writ in the nature of certiorari for quashing of order dated 03.01.2013 (Annexure P-7) and issuing a writ of mandamus directing the respondents to count the Army service from 24.01.1963 to 30.03.1973 and Adhoc service from 26.05.1975 to 28.02.1977 of the petitioner for the purpose of grant of retiral benefits of the petitioner and to release the arrears of retiral benefits with interest @ 12% per annum. It is asserted that petitioner joined the Army during emergency on 24.01.1963 and retired on 30.03.1973 on compassionatry grounds. On 26.05.1975 the petitioner was reemployed as a Clerk on Adhoc basis in the office of respondent department as his name was sponsored by the Employment Exchange and his services were regularised on 01.03.1977. On 31.03.2003 he retied from service after attaining the age of superannuation. On 20.07.1965, the Punjab Government National Emergency (Concession) Rules, 1965 was enacted for providing the benefit of Army service to the Civil Servants and as per these rules the petitioner was granted the benefit of Army service and his pay was accordingly fixed. Thereafter, respondent sent a letter dated 29.09.1986 to the petitioner for the withdrawal of Army Service benefits. Aggrieved against the same, the petitioner filed a Civil suit which was decreed in his favour on 20.04.1993. Then the respondents filed a Civil Appeal against the judgment and decree dated 20.04.1993 which was dismissed on 02.11.1996.

(2.) On 31.01.1984, the Government of Haryana took a decision that the adhoc service is countable as qualifying service for the purpose of retiral benefits. Respondents refixed the pay of the petitioner without counting the period of Army service from 24.01.1963 to 30.03.1973 and Adhoc service from 26.05.1975 to 28.02.1977 for purpose of release of retiral benefits which were released to the petitioner without considering the above said period. The petitioner had been receiving Rs. 1293/- as gratuity on account of Army service and vide affidavit dated 11.05.2011 he had undertaken to refund the same after the receipt of pensionary benefit. The petitioner had served detailed representation dated 01.06.2011 (Annexure P-6) and requested for release of the arrears of retiral benefits after counting the above Army service and adhoc period. The respondent No. 2 sent the case of the petitioner to the respondent No. 1 and vide order dated 03.01.2013, respondent No. 1 rejected the claim of the petitioner.

(3.) The respondent contested this writ petition on the ground that the petitioner has not completed the essential qualifying period for counting adhoc period as per Govt. instructions (Annexure R-1) and states that petitioner applied to the Government for counting his military service towards qualifying service for pensionary benefit, but the Government rejected and advised to the department that in this case, no relaxation can be granted under rules (Annexure R-2).