SANTOKH SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Present writ petition under Articles 226/227 of the Constitution of India is for issuance of directions to the respondents to release the pensionary benefits to the petitioner by granting emergency service benefit to him as ex-serviceman in Army for the period from 26/10/1962 to 9/1/1968.

(2.) As per the petitioner, he was enrolled as a Driver with the Punjab Home Guards and Civil Defence on 1/10/1986 and retired on 5/11/1999. Pensionary benefits were released to him. However, the petitioner served in Indian Army (Emergency Service) for the period from 5/2/1962 to 17/10/1968 and requested the respondents to calculate the pensionary amount after adding the service rendered by him, but the respondents did not take any action and the petitioner is entitled to the same.

(3.) Respondents herein filed short reply by way of affidavit taking the plea that as per record, the petitioner was appointed in GREF on 8/10/1969 and was discharged on 8/5/1970 due to reduction in establishment while he was serving with 12 Surfacing Platoon. NE service document in respect of the petitioner have already been destroyed on completion of its mandatory retention period, except the following particulars:-