PARAS RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petition has been filed on the following prayer: That the Respondents be directed to consider the case of the applicant to grant the benefit of pension on account of period for which he has served with the Respondents by taking into account the period for which he has served in the Indian Army.

(2.) IN reply, Respondents No. 1 to 3 have taken the following stand, vide paras 1 and 2 of the preliminary submissions:

(3.) SHORN of details factual matrix of the case is that the Petitioner, who is an Ex -Indian Army Personnel had rendered military service w.e.f. 17.9.1965 to 1.1.1971. Lateron, he had joined civil service as a Class IV official in the establishment of Respondents No. 2 & 3. Ultimately, he retired from service on 31.7.1998. However, since the civil service rendered by him was only for 9 years 6 months and 24 days, he did not qualify for grant of pension. The grievance raised by the Petitioner is that his military service was not counted for the purposes of pension as required under Rule 19 of the Central Civil Services (Pension) Rules, 1972 (in short the Pension Rules). As per Sub -rule (2)(a) of Rule 19 of the Pension Rules, the authority issuing the order of substantive appointment to a civil service or post is required to call upon the Government servant to exercise the option under sub rule (1) of the Rules supra within three months from the date of issue of the order of appointment. However, according to the Petitioner, he was not afforded an opportunity to exercise such option. As per Government of India decision, dated 26.2.1988/31.5.1988, mentioned at serial No. 3, under Rule 19 supra, which is extracted below a recital with regard to exercise of the above option is required to be incorporated in the order of re -employment itself: