PAWAN KUMAR BHARDWAJ Vs. CHANDIGARH ADMINISTRATION AND ANOTHER

JUDGEMENT

(1.) Brief facts of this case are that Pawan Kumar Bhardwaj-petitioner served in the Indian Air Force from 08.11.1965 to 30.11.1985. Thereafter, he joined the Civil Services as Field Investigator in Zila Sainik Board under Union Territory of Chandigarh w.e.f. 01.07.1987. It is claimed that the President of India proclaimed first National Emergency w.e.f. 26.10.1962 to 10.01.1968 in exercise of the powers under Article 356 of Constitution of India. Similarly, another National Emergency was imposed w.e.f. 03.12.1971 to 25.03.1977. The petitioner had retired from service on 31.01.2006. It is not denied on behalf of the petitioner that he was granted benefit of the first National Emergency. Now, his claim is for grant of benefit of second national emergency imposed w.e.f. 03.12.1971 to 25.03.1977 for the purpose of increments and pension in view of the Punjab Government National Emergency (Concession) Rules, 1965 and the circular dated 19.03.1987 (Annexure P-3).

(2.) The respondents in the written statement has taken the stand that the issue regarding grant of benefit of military service during the proclamation of national emergency, has been interpreted by the Supreme Court of India in State of Punjab Vs. Harbhajan Singh, 2007 12 SCC 549 wherein it was held that the benefit of military service can only be granted if the person had joined the military service during the national emergency and not before or after it. In the present case, the petitioner had joined the Indian Air Force prior to the second national emergency declared in December, 1971. Further, reliance was placed on the full bench judgement of this Court in LPA No. 1042 of 2012 titled as Punjab State Power Corporation Limited, Jalandhar Vs. Waryam Chand. Therefore, the respondents have taken the stand that the benefit of second national emergency cannot be granted to the petitioner for the purpose of increments and pension. It has further been stated that the Punjab Government National Emergency (Concession) Rules, 1965 were repealed and replaced by the Punjab Recruitment of Ex-servicemen Rules, 1982 wherein Rules 8 (A) and 8 (B) provide about grant of benefit of increments and pension only to the persons who had joined during the national emergency.

(3.) I have heard learned counsel for both the parties.