Ajaib Singh vs State Of Punjab & Ors
2025 Latest Caselaw 888 P&H

Punjab-Haryana High Court

Ajaib Singh vs State Of Punjab & Ors on 15 January, 2025

          2011 (O&M)
CWP-15705-2011                         Neutral Citation No:=2025:PHHC:005073   1
CWP-23052-2012
          2012 (O&M)
CWP-10946-2000
          2000 (O&M)




            IN THE HIGH COURT OF PUNJAB & HARYANA
                       AT CHANDIGARH

103-2                                          Date of decision: 15.01.2025

             2011 (O&M)
CWP-15705-2011
Ajaib Singh vs. State of Punjab and others

CWP-10946-2000
           2000 (O&M)
Om Parkash vs. State of Punjab and others

CWP-23052-2012
            2012 (O&M)
Nishan Singh vs. State of Punjab and others

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
          *****
Present : Mr. RK Arora,, Advocate for the petitioner.
            Mr. Satnam Preet Singh, DAG, Punjab
                                         Punjab.
       *****
AMAN CHAUDHARY, J. (ORAL)

1. These cases involve similar issues and therefore, are being

disposed of together.

together

2. Prayer made in the present petition petitions for direction to declare the

action of respondent authorities not allowing the benefit of military service

rendered in second emergency as they joined the Indian Armed Forces in the

years 1965, 1963 and 1967.

3. Learned counsel submits that case of the petitioner is squarely

covered by the judgment passed in Raj Kumar vs. State of Punjab and

others, CWP-80 80-2014, decided on 27.02.2017,, against which LPA LPA-1287-2017

was also dismissed on 24.09.2024 and the said judgment has since been

implemented, which learned State counsel despite his best efforts, has not been

1 of 5

2011 (O&M) CWP-15705-2011 Neutral Citation No:=2025:PHHC:005073 2 CWP-23052-2012 2012 (O&M) CWP-10946-2000 2000 (O&M)

able to controvert the factual position and draw out any distinctive aspects in

the aforementioned judgments judgment or cite any contrary law, relevant extract of the

judgment in Raj Kumar (supra) reads thus:-

"II have heard the learned counsel for both the parties and have carefully gone through the case file. Rule 8 (B) as amended vide notification dated 15. 15.10.2009 10.2009 is reproduced as under:-

under:

"Rule 8-B 8 B Increments and Pension - Period of military service ervice rendered during the Second National Emergency from 3 rd December, 1971 to 25th March, 1977 shall count for increments and pension as under:

                increments                  under:-
                a) Increments-

Increments The increments for the aforesaid service shall be paid to those persons only, who rendered sservice ervice during the aforementioned period. This benefit will, however, be given only at the time of making first appointment on regular basis on a civil post or service under the Government. However, these increments will be taken into account when the pay ooff a person is subsequently fixed on account of his promotion, selection, new recruitment or revision of pay scale or otherwise;

b) Pension-

Pension The period of military service, referred to above, shall count towards pension only in case of an appointment to a permanent post under the Government, subject to tthehe following conditions namely:-

namely:

i. The person concerned should not have earned a pension under military rules in respect of the military service in question.

ii. Any bonus or gratuity paid in respect of military service by the defence authorities shall have to be refunded to the State Government, and;

iii. The period, if any, between the date of discharge from military service and the date of appointment to ananyy service or post under the Government shall count for pension, provided such period does not exceed one year. Any period exceeding one year but not exceeding three years may also be allowed to count for pension in exceptional cases under the orders of the Government."

Clause (b) of the said Rule shows that the period of military service rendered during the second national emergency has to be counted for increments and pension. For increment there are conditions laid down in Clause (a) and for the purpose of pension the conditions laid down Clause (b) of the Rules, 1982.

2 of 5

2011 (O&M) CWP-15705-2011 Neutral Citation No:=2025:PHHC:005073 3 CWP-23052-2012 2012 (O&M) CWP-10946-2000 2000 (O&M)

Learned counsel for the petitioner states at Bar that the petitioner has not earned any pension under the military rules and that he is also willing to deposit the amount of gratuity or bonus so received by him. Therefore, in terms of the Rue 8 (b) of the Rules, 1982, the services of the petitioner rendered during the second national emergency are liable to be counted as qualifying service for the purpose of pension subject to the petitioner depositing the bonus or gratuity received by him with petitioner the respondent department with interest as per government instructions. Mere fact that the petitioner was discharged on extreme compassionate grounds before the emergency ceased to exist is not a ground ground to decline to compute the said military service as a qualifying service for the pension.

It being so, the impugned letter dated 23.12.2013 (Annexure P 3) is hereby set aside and on the deposit of said bonus or P-3) gratuity, granted to the petitioner und under er the military Rules, with interest, the services of the petitioner rendered during the second national emergency are ordered to be counted as qualifying service for grant of pension and other service benefits.. Accordingly, after adding the said service, pension of the petitioner shall be recalculated and the revised pension and other pensionary benefits shall be paid to the petitioner.

Since, the petitioner approached this Court by way of filing of this writ petition, in the year 2014, therefore, the ppetitioner etitioner will not be entitled for any interest on the arrears from the date of his retirement i.e. 31.07.2005 till the date of filing of the present writ petition i.e. 08.01.2014. Thereafter, interest on the delayed payment of retiral dues shall carry int interest erest @ 9% per annum till the date of actual payment.

In view of the above, the petition stands allowed.

allowed."

4. Relevant portion of judgment in LPA LPA-1287-2017 reads thus:-

"7.

7. We have heard learned counsel for parties and have gone through the file with their able assistance.

8. The factual aspect as narrated above is not in dispute. It is a matter of record that writ petitioner was in service at the time of start of Second National Emergency i.e. 03.12.1971. Relevant and applicable provision i.e. Rule 8B(a) and (b) of Punjab Recruitment of Ex Ex-serviceman serviceman Rules, 1982 as amended on 15.10.2009 reads as under:

under:-

"8-B B Increments and pension - Period of military service rendered during ring the Second National Emergency from 3 rd December, 1971 to 25th March, 1977, shall count for increments and pension as under:

under:-

3 of 5

2011 (O&M) CWP-15705-2011 Neutral Citation No:=2025:PHHC:005073 4 CWP-23052-2012 2012 (O&M) CWP-10946-2000 2000 (O&M)

a) Increments - The increments for the aforesaid service shall be paid to those persons only, who joined and rendered servicee during the afore mentioned period. This benefit will, however, be given only at the time of making first appointment on regular basis on a civil post or service under the Government. However, these increments will be taken into account when the pay of a person is subsequently fixed on account of his promotion, selection, new recruitment or revision of pay scale or otherwise; and

b) Pension - The period of military service, referred to above, shall count towards pension only in case of an appointment to a permanent post under the Government, subject to the following conditions, namely:

namely:-

(i) the person concerned should not have earned a pension under military rules in respect of the military service in question.

(ii) any bonus or gratuity paid in respect of military service by the defence authorities shall have to be refunded to the Government.

(iii) the period, if any, between the date of discharge from military service and the date of appointment to any service or post under the Government, shall count for pension;

provided such period does not exceed one year. Any period exceeding one year, but not exceeding three years, may also be allowed to count for pension in exceptional cases as per orders of the Government."

9. Perusal of Rule does not reveal anany y such bar for release of benefit for the period of second National Emergency for which the employee served. There is no such stipulation that proportionate benefit in question cannot be released to a person who has not completed service for the entire per period iod from 03.12.1971 to 25.03.1977.

10. Argument that the benefit would be available to the employee only if he had joined Armed Forces during the period in question, is devoid of any merit especially keeping in view the order dated 13.11.2014 passed in CW CWP17661- 2013. Controversy sought to be raised in any case is no longer res integra, keeping in view the decision of Hon'ble Supreme Court in Raj Pal Sharma and others versus State of Haryana 1985 AIR SC 1263, wherein it has been categorically held that mere factum of employee being released from military service on compassionate ground cannot disentitle him from the benefit in question.

11. Learned counsel for appellant is unable to point out any infirmity or irregularity in impugned order dated 27.02.2017 which calls for interference.

4 of 5

2011 (O&M) CWP-15705-2011 Neutral Citation No:=2025:PHHC:005073 5 CWP-23052-2012 2012 (O&M) CWP-10946-2000 2000 (O&M)

12. No other argument has been raised.

13. In the given facts and circumstances as above, impugned order dated 27.02.2017 is upheld. Appeal is, accordingly, dismissed being devoid of any merit.

14. Pending application(s), iff any, stand(s) disposed of of."

5. Learned counsel for the petitioner submits that the similarly

situated employee has been granted benefit vide endorsement No.421 No.421-422/ECC 422/ECC

dated 25.01.2024 by the General Manager, Punjab Roadways, Amritsar Amritsar-II based

on the judgment dgment in CWP-17661-2013 CWP 2013 titled as Rajinder Singh vs. State of

Punjab and others, decided on 13.11.2014.

6. In wake of the above, the present petition petitions are disposed of in terms

of the judgment passed in Raj Kumar (supra).

7. Photocopy of this order be placed on the connected files files.

                                                    (AMAN CHAUDHARY)
                                                         JUDGE
15.01.2025
ashok
                   Whether speaking                  :      Yes/No
                   Whether reportable                :      Yes/No




                                      5 of 5