JUDGMENT

Lokeshwar Singh Panta, J.—

1.This appeal, by special leave, is directed against the judgment and order dated 19.07.2002 passed by a Division Bench of the High Court of Punjab and Haryana at Chandigarh in CM No.10362/99 in CWP No.2890/97, whereby and whereunder the appellants have been directed to pay pension to Babu Singh by giving him benefit of Rule 6.16 (2) of the Punjab Civil Services Rules, 1952 (Vol.-II Part-I) with further direction to do the needful within a period of three months from the date of submission of a certified copy of the order.

2.The necessary facts in brief may be stated as follows :

“Babu Singh, respondent herein, served the Indian Army as a Driver from 06.01.1964 to 31.01.1979. He was granted the benefit of pay fixation, seniority, increments etc. of the military service. After being discharged from Army service, the respondent was appointed as Driver in Haryana Roadways, Faridabad, w.e.f. 23.04.1979. On 09.03.1996, the respondent applied for voluntary retirement from service and his request was accepted by the General Manager, Haryana Roadways, Faridabad, who retired him from service vide Order dated 18.06.1996. Afterwards, the respondent made represe