LAWS(HPH)-2006-7-41

MATBAR SINGH CHAUHAN Vs. STATE OF H.P.

Decided On July 27, 2006
MATBAR SINGH CHAUHAN Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) Member (A): In this application the applicant has prayed for the following reliefs: a) To quash the impugned order dated 9.2.2004 (Annexure A -4) being arbitrary, malafide and illegal. b) Direct the respondents to grant all the consequential benefits to the applicant in pursuance to his name having been shown at sr. No.2 -A of the seniority letter; c) Direct the respondents to afford an opportunity to the applicant to exercise his option to count his entire military service for the purpose of pensionary benefits from the present employment. d) Direct the respondents to count whole military service of the applicant for pension and grant pension and other allied benefits to the applicant at the time of his retirement and complete all the codal formalities for the same forthwith.

(2.) In brief the case of the applicant as made out in this original application is that the applicant joined Indian Army on 8.1.1963 and retied on 2.2.1988 after putting in 25 years of service (Annexure A -1) and is receiving pension from the Army. The applicant was offered an appointment vide order dated 28.1.1995 (Annexure A -2) in the respondent department against the post of Mail Staff Nurse against the reserved vacancy for ex -servicemen and the applicant was accordingly given the benefits of Ex -servicemen for the purpose of seniority and pay (Annexure -A -3) (ii) That Rule 19 of CCS (Pension) Rules provides for counting of military service rendered before civil employment for the purpose pensionary benefits in civil. The applicant is also desirous of counting his military service for the purpose of pension and other allied benefits from the present employer. For this purpose the employee is required to exercise his option after being confirmed in the civil post. When the applicant submitted his documents for pension he was informed that he can not be permitted to count his military service as he has not been confirmed by the respondent department. The applicant was going to superannuate from service on 31.12.2002 and by that time he could put in only 8 years of service in the civil employment and thus not entitled for the pension. However, if the applicant is permitted to count his military service he will have 33 years of service to his credit for the purpose of pensionary and other allied benefits. (iii) That the applicant filed OA No. 1553/2002 on 27.7.2002 before this Tribunal and the respondent department filed reply on 26.4.2003 wherein they placed on record two letters dated 8.1.2003 and 29.1.2003 (Annexure A -6 and A -7) whereby the applicant was given seniority at Sr. No.2 for the first time and was confirmed respectively. This Tribunal vide order dated 29.10.2003 (Annexure A -5) directed the respondents to treat the original application as representation and decide the same. The respondent Director has rejected the case of the applicant without appreciating the provisions contained in Rule 19 of CCS (Pension) Rules properly and the impugned order (Annexure A -4) is illegal, arbitrary and ultra virus. (iv) It is further submitted that the applicant has also not been given the benefit as a result the applicant being assigned seniority at Sr. No.2 -A. (v) The application has been contested by the respondents.

(3.) In the reply filed by the respondents it has been stated that though the confirmation order of the applicant was made on January 29,2003 whereby confirming the applicant from September 1, 2001 but the case of the applicant has not been found justified and covered under Rule 19 CCS (Pension) Rule 1972. Under the aforesaid rules, the elements of option and refund of pension, gratuity ete. are the essential conditions. The option can however be exercised/tendered by the civil Government employee within a period of one year only from the date of joining the civil post.