LAWS(P&H)-1997-10-98

MADAN LAL Vs. STATE OF HARYANA AND OTHERS

Decided On October 20, 1997
MADAN LAL Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) This judgment of ours will dispose of Civil Writ Petition Nos. 4156 and 3717 of 1997 as common questions of law and facts have arisen in these writ petitions.

(2.) In both the writ petitions, the prayer of the petitioners is for issuance of a writ of mandamus directing the respondents to refix their pension after counting the military service rendered by them during the emergency towards pension. For the purpose of judgment, the facts have been taken from Civil Writ Petition No. 4156 of 1997.

(3.) The petitioner joined the Indian Army on 14.6.1963 and served in the army upto 22.7.1971. The petitioner was discharged from the army without any pensionable benefits. No gratuity was paid to the petitioner by the defence authorities. It is also averred in the petition that the petitioner served the army during the emergency period with effect from 26.10.1962 to 10.1.1968. The petitioner after his discharge from the Indian Army joined the Transport Department, Haryana on 15.12.1972. He was compulsorily retired from service with effect from 11.8.1994. The benefit of military service rendered during the emergency towards increments etc. was given to the petitioner but the period of service rendered during the emergency was not counted towards pensionary benefits at the time of releasing the pension.