KHUSHBASH SINGH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The petitioner submits that he had served Indian Navy from 15/10/1969 to 20/1/1976. He submits that he saw action in the Indo-Pak War of 1971. He further submits that he was decorated with War Medals on account of the examplary service rendered by him. The further case of the petitioner is that he came to be appointed as Librarian in temporary capacity in Radio Kashmir, Jammu. An order to this effect came to be passed on 25/02/1978. He was adjusted in the pay scale of Rs. 330-650/-. The petitioner submits that after he was appointed in the Radio Kashmir, which is looked after by the Ministry of Information and Broadcasting, New Delhi, he made a request that his service rendered in Indian Navy be counted for giving service benefits in the Civil Employment. The petitioner submits that he was called upon to give his option. For this reliance is being placed on annexure 'C'. The petitioner submits that as in this letter it was indicated that the petitioner is supposed to give his option on his confirmation, he waited for this event to happen. When the petitioner was confirmed, he is said to have exercised his option and also refunded Death-cum-Retirement Gratuity given by Indian Navy along with interest. The requisite averments are made in paras 6 and 7 of the petition. The petitioner submits that he is entitled to get the benefits of the service rendered by him in the Indian Navy. If that be given to him then he would be entitled to other consequential benefit on the basis of service so rendered by him. This according to him would give him seniority over some other colleagues and thereafter he would be entitled to better promotional avenues. So far as counting of military service rendered before civil employment, this is dealt with all the Central Civil Service Rules. For facility of reference, the rule is reproduced below :-

(2.) It is submitted that the petitioner has complied with the formalities which he was supposed to do. He was supposed to deposit the benefits accrued to him in the military service. He submits that he has deposited the gratuity and interest. He submits that he is entitled to the benefit of sub-rule (5).

(3.) The petition stands admitted. Counter has not been filed. A plain reading of Rule 19 and the assertion made by the petition it becomes apparent that the petitioner is entitled to get his service which he has rendered in the Indian Navy counted for service benefit in the civil employment. This beneficial provision is meant for Ex-Naval employees is to be construed in a manner which confers benefit of them. As a matter of fact, on the plain reading of Rule, the petitioner becomes entitled to claim what he is claiming. The petitioner having complied with the conditions stipulated in the Rule is held entitled to the benefit of sub-rule (5). The petition is allowed. The consequential benefits would be given to him within a period of three months from the date, copy of the order passed by this court is made available by the petitioner to the respondents.