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." After retirement, he raised a grievance that as per the Punjab Recruitment of Ex-Servicemen Rules, 1982 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. 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."