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 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. The Punjab & Haryana High Court has declared the provisions of Punjab Recruitment of Ex-Servicemen 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. 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. 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."