MODAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) During the currency of the National Emergency from 26.10.1962 upto 10.1.1968, the petitioner joined the Indian Army on 8.7.1963 and he continued in the military service up to 10.6.1970. Thereafter, he joined employment of respondent No. 1-State of Punjab, as a Constable, with effect from 16.4.1971. He rose to become an Inspector, a post which he held at the time of his superannuation on 31.5.2003.

(2.) As per the provisions of the Punjab Government National Emergency (Concession) Rules, 1965, an ex-serviceman is entitled to a variety of benefits/concessions. In terms of Rule 4(iii), an ex-serviceman is entitled to count the period of military service towards seniority and pension subject to the riders quoted hereunder :-

(3.) It transpired from a perusal of the Pension Payment Order dated 19.6.2003 (Annexure P-3) that the benefit of the military service period of 4 years, 6 months and 2 days had not been accorded to the petitioner in terms of Rule 4(iii). The petitioner preferred a representation which invited favourable processing at the hands of respondent Nos. 1 and 2 but which (representation) was rejected by respondent No. 3 on the plea that benefits towards increments having already been granted, that period cannot be counted towards the pension. Copy of order is Annexure P-4. It is that order which occasioned the filing of the present writ petition.