RAMESHWAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner seeks the issuance of a writ of mandamus, directing the respondents to grant him pension with effect from 1.2.2002 alongwith interest at the rate of 12% per annum on the arrears till the date of payment.

(2.) The petitioner joined the Indian Army as Sepoy on 4.1.1963 during the period of National Emergency. After rendering more than 26 years of service, he retired as a Naib Subedar from the Indian Army on 31.1.1989. He was granted pension by the Army authorities. Later on, he was appointed as a Welfare Organizer in Zila Sainik Board, Bhiwani, vide letter dated December 22, 1995 (Annexure-P-2). He joined the said post on 1.1.1996. He retired from the post of Welfare Organizer on 31.1.2002 after rendering the service of 6 years and 1 month. As per Rule 6.16 of Punjab Civil Services Rules, Part-II, the petitioner was required to complete 10 years of service, to be eligible for grant of pension. The petitioner claims that he had served in the Indian Army from 4.1.1963 to 10.1.1968 for 5 years and 6 days during the National Emergency and then during Bangladesh war in 1971. As per the Notification No. 12/113/89-4GS-II dated 7th October, 1991, issued by the Government of Haryana, he is entitled to benefit of military service rendered by him during the National Emergency. Therefore, his service of 5 years and 6 days be counted for the purpose of grant of pension and his service becomes 11 years and, therefore, he is entitled to pension. The petitioner also relies upon Rule 7.19 of the Punjab Civil Services Rules, Volume-2, Part-I, which allows him to get pension in the civil department also.

(3.) The respondents, on the other hand, has taken the stand that as per Rule 6.16 of the Punjab Civil Services Rules, Part-II, the pension can be granted only when the petitioner completes qualifying service of 10 years.