P&H HC Declares Provisions Of Ex-Servicemen Rules Limiting Benefits To Those Appointed To Civil Posts After January 2012 As Unconstitutional
The Punjab & Haryana High Court has declared the provisions of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules, 2012 and 2018, ultra vires of the Constitution which limited the benefits of pension and increments to ex-servicemen appointed to civil posts after January 1, 2012, and denied arrears for periods prior to that date.
Justice Sureshwar Thakur and Justice Sudeepti Sharma said the rules "created arbitrary cut off date" for application of the benefits to the pensioners and violative of Articles 14 and 16 of the Constitution.
"The said contra distinct contemplations as made vis-à-vis the same set of persons or the same category of persons, is but naturally, without an intelligible differentia nor does it have any nexus with the object proposed to be achieved," added the Court.
The bench noted that phrases i.e “Provided that the aforesaid benefits shall be admissible on fixation of pay on notional basis on and with effect from first day of January, 2012 and no arrears shall be payable consequent upon such fixation of pay” as earlier occur in the 2012 Rules and now in the 2018 Rules, rather the recognition of the military valor of those who served during the second national emergency rather has been arbitrarily snatched.
These observations were made while hearing a batch of plea challenging the validity of a provision inserted into Rule 8-B of the Punjab Recruitment of Ex-Servicemen Rules, 1982, via an amendment introduced through a notification dated April 10, 2012.
The impugned provision dealt with the eligibility criteria for benefits, such as increments and pension, for ex-servicemen who rendered military service during the Second National Emergency.
After examining the provisions, the Court noted that the provision needs to be read down because "They create an onerous burden upon the military soldier, who evidently served during the Second National Emergency, to ensure, that within one year from the date of his discharge and/or within three years of his discharge, rather his ensuring his appointment being made to any service or post in the Government, for therebys making the relevant rendered military service during the Second National Emergency, thus reckonable for the purpose of increments and pension."
It is pertinent to note that, the High Court recently held that the service rendered during First Emergency by the Ex-Servicemen will be counted for the pensionary benefits arising from the Government post which is joined later even beyond one year of service if the post reserved for Ex-Servicemen is not advertised within stipulated time.\
Title: KAMIKAR SINGH AND ANOTHER v. STATE OF PUNJAB AND ORS. [other related petitions]