MILAP CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) SOME undisputed facts giving rise to the present petition may be noticed thus: The petitioner, who had earlier rendered military service for about five years, was on retirement from the said service reemployed in a civil service under the respondents, particularly respondent No. 2, the Deputy Commissioner, Kangra at Dharamshala, as a clerk on 07.03.1970. He was confirmed as such vide an order dated 15.02.1980, Annexure A -4. Thus, apart from the aforesaid military service of approximately five years, he after rendering 30 years civil service, ultimately retired on 31.03.2001.

(2.) AGAINST the above backdrop, he is seeking benefit of Rule 19 of the CCS Pension Rules by way of counting the aforesaid military service for the purpose of pension. It is also not in dispute that since the military service was of short tenure, he was not granted any pension for the same. Sub Rules (1) and (2)(a) of Rule 19 ibid alone are relevant for the present controversy and as such are extracted below for ready reference:

(3.) IN view of the above, the prayer of the petitioner for counting the aforesaid military service rendered by him for a period of about five years, is ordered to be counted towards pension, meaning thereby that in addition to the aforesaid 31 years of civil service the military service of about five years rendered by the petitioner shall also be liable to be taken into consideration for the purpose of grant of pension for the civil service under Rule 49(2)(a) of the Rules ibid.