SUKHDEV SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner is aggrieved of the orders dated 06.03.2008 (Annexure P-3), 04.07.2008 (Annexure P-4) and Memo dated 07.08.2008 (Annexure P-5) whereby the salary of the petitioner has been refixed by reducing five increments and a sum of Rs. 69,570/- has been ordered to be recovered from his DCRG.

(2.) Briefly stated, the facts of the case are that the petitioner served in the Indian Army during the period from 18.12.1965 to 01.01.1981. He was discharged from the army and joined service as Barkandaz on 12.09.1983 in the office of the Executive Engineer, Canal Lining Division No. III, Moga in the State of Punjab. The petitioner retired from service of the State of Punjab on 31.12.2007 after attaining the age of superannuation. The State of Punjab processed the case of the petitioner for grant of pensionary/retiral benefits, but on receipt of the case of the petitioner, respondent No. 5 raised an objection regarding the payment of five increments to the petitioner on account of military service vide communication dated 06.03.2008 (Annexure P- 3). It was communicated to the Executive Engineer, Sidhwan Canal Division, Ludhiana, that the period spent by the petitioner in the military service is restricted to emergency period from 26.10.1962 to 09.01.1968 only and that he was entitled to only two increments instead of five. A direction was also issued to refix his salary and work out the recovery. The Executive Engineer, Sidhwan Canal Division, Ludhiana, vide his reply dated 04.07.2008 (Annexure P-4) informed respondent No. 5 that the pay of the petitioner has been refixed by granting benefit of only two increments and recovery has already been ordered. On the basis of the aforesaid communication, respondent No. 5 issued order dated 07.08.2008 (Annexure P-5) for recovery of Rs. 69,570/- from death-cum-Retirement Gratuity.

(3.) It is contended on behalf of the petitioner that he was entitled to five increments on account of military service rendered by him for two spells of the emergency i.e. between 26.10.1962 to 10.01.1968 and 03.12.1971 to 26.03.1977. Thus, the petitioner is entitled to five increments. The petitioner has placed reliance upon Rule 4 of the Punjab Government National Emergency Rules (Concession) Rules, 1965 (hereinafter referred to as "1965 Rules") as also letter dated 23.06.1998 (Annexure P-1) issued by Government of Punjab, Department of Defence Service Welfare, to all the Heads of the Departments etc. Relevant extract of the aforesaid letter is as follows :-