Service By Ex-Serviceman During First National Emergency Can Be Counted For Pensionary Benefit For Govt Post Even After 1 Yr Of Discharge: P&H HC

The Punjab & Haryana High Court has said 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.

As per Punjab Recruitment of Ex-Servicemen Rules, 1982 the Officer will be entitled for counting the service which he had rendered during the First National Emergency towards the granting of increments as well as towards the pensionary benefits if he is appointed within one year of discharge.

Justice Sureshwar Thakur and Justice Sudeepti Sharma said the rule needs to be struck down because "They create an onerous burden upon the military soldier, who evidently served during the First National Emergency, to ensure, that within one year from the date 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 First National Emergency, thus reckonable for the purpose of increments and pension."

In the present case the officer served in the First National Emergency during 1962-1968 and and ultimately was discharged in 1970. The Officer later appointed for the post of Excise and Taxation Officer in 1989.

The officer served the Department in Punjab till attaining the age of superannuation. After retirement, he raised a grievance that as per the Punjab Recruitment of Ex-Servicemen Rules, 1982 (1982 Rules) the he was entitled for counting the service which he had rendered during the First National Emergency rather both towards the granting of increments as well as towards the pensionary benefits. However, the said benefit was denied to him.

Consequently the officer filed the writ and the same was allowed. The Punjab Government being aggrieved from single judge's order challenged the same in the present writ petition.

After examining the submissions, the Court noted that the reserved seat for Ex-Servicemen was advertised after 17 years and hence, the officer could not be blamed for not joining the service after one year of discharge for claiming the pensionary benefit.

"In sequel, if yet it is pressed that the present respondent is, to be barred from receiving the benefit of his rendered military service during the first National Emergency, thereupon, it would result in grave prejudice being heaped upon the present respondent. Moreover, therebys the Rule (supra) would work as an exacting oppression, thus against the monetary interest of a soldier, who evidently served during the First National Emergency," added the bench.

In the light of the above, the Court opined that "upon superannuation of the present respondent taking place from the civil post, therebys, his rendition of service during the First National Emergency lasting upto 9th January, 1968 but was required to be counted both towards endowing to the present respondent, the benefits of increments as well as the benefits of pension."

Consequently, the appeal filed by the Punjab Government was dismissed.

Mr. Maninder Singh, Sr. DAG, Punjab.

Mr. Malkeet Singh, Advocate for the respondent.

Title: STATE OF PUNJAB AND OTHERS v. UJALJIT SINGH (SINCE DECEASED) THROUGH LRs.

Citation: 2024 LiveLaw (PH) 348

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