RAMESH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner [Ramesh Chand], a re-employed ex-serviceman, has approached this Court for the following reliefs:-

(2.) Grievance of the petitioner is that he was enrolled as a Sepoy in Indian Army on 12/3/1968 and was discharged on 21/12/1972 after rendering four years and 284 days of military service and such discharge was on compassionate grounds, which is borne out from the certificate of service [Annexure A-2]. Admittedly, the petitioner had not been granted either pension, gratuity or other retiral benefits, for military service as his discharge was on compassi nate grounds on his own request. After his discharge, the petitioner being an ex-serviceman was appointed as Clerk against reserved vacancy meant for ex-servicemen in the Department of Prosecution on 9/1/1976 he superannuated on 31/1/2005 from Prosecution Department. It is averred that the petitioner made representations on 11/11/2011 [Annexure A-5]; then on 9/9/2013, Annexure A-5 [Colly]; and then on 10/11/2004 and on 2/1/2015 [Annexure A-9] for claiming benefit of military service towards service rendered on re-employment in civil post for pensionary and other retiral benefits but his case was rejected by the Respondent-Department on 11/2/2015, Annexure A-10, on the ground that since the petitioner has not received any retiral benefits from Army for the military service rendered, therefore, unless and until the retiral benefits were received and the same were refunded, therefore, the benefit of Rule 19 (1) (b) and 19 (3) (b) of Central Civil Services (Pension) Rules, 1972 cannot be extended to the petitioner. The petitioner has claimed benefit of counting of mili ary service as qualifying service, towards civil se vice so as to get higher retiral benefits.

(3.) Upon issuance of notice in O.A. No.582 of 2015, State Administrative Tribunal directed the respondents on 23/4/2015 to file response. Pursuant to issuance of notice, respondents filed a reply-affidavit dtd. 27/5/2015 of Director, Prosecution Department, Himachal Pradesh.