RAJ KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has preferred this writ petition under Article 226/227 of the Constitution of India praying for issuance of writ in the nature of certiorari for quashing of the impugned letter dated 23.12.2013 (Annexure P-3) vide which the claim of the petitioner for grant of increments and pension in respect of the military service rendered by the petitioner, during the second national emergency, has been rejected. The prayer has also been made for issuance of writ in the nature of mandamus for directing the respondents to grant increments and pension for the military service rendered during the second national emergency along with interest.

(2.) The petitioner joined the armed force on 30.11.1967 and was finally discharged from the military service on 10.07.1974 on extreme compassionate grounds. Thereafter, he joined the civil services with the Agriculture Department in the State of Punjab Government on 31.08.1976 as Tractor Driver on regular basis. Later on, Agriculture Department, Punjab was bifurcated and Horticulture Department was carved out from the Agriculture Department. As a result of this bifurcation, the services of the petitioner were transferred to the Horticulture Department, Punjab. After rendering about 29 years of service, the petitioner retired from service as a Tractor Driver on 31.07.2005 on attaining the age of superannuation.

(3.) According to the petitioner, the Punjab Government has issued a notification dated 15.10.2009 (Annexure P-1) for granting the benefit to the ex-servicemen who have served the nation during the second national emergency w.e.f. 03.12.1971 to 25.03.1977 and subsequently joined the civil services. On 17.11.2013, after coming to know about the said notification, the petitioner approached the respondents for grant of the benefit of his military service rendered during the second national emergency but the same was rejected vide letter dated 23.12.2013 (Annexure P-3). Hence, this present writ petition.