Ex-servicemen nominees must be appointed within 15 days per government instructions; authority delays deem appointment effective from that date, counting as qualifying service for pension.

JUDGMENT :

Jiya Lal Bhardwaj, J.

The petitioner, by way of present writ petition, has prayed for the following substantive reliefs:-

“ i) That the office order dated 08.11.2010 Annexure P-11 and office order dated 20.01.2012 Annexure P-15 may very kindly be quashed and set aside and the petitioner may kindly be held entitled for the benefit of period from 30.05.1995 to 22.02.1996 for qualifying service for pension and retiral benefits etc.

ii)That the petitioner may also be held entitled for counting his past Military Service from July, 1967 to July, 1991 towards qualifying service for the purpose of pension and other retiral benefits.”

2. The grievance of the petitioner as has been highlighted in the present writ petition is that he is aggrieved by non counting of period w.e.f. 31.05.1995 to 22.02.1996 towards the qualifying service and further arbitrary rejection of representation vide order dated 08.11.2010 (Annexure P-11) and office order dated 20.01.2012 (Annexure P-15).

3. The petitioner was an Ex-Serviceman having retired from Indian Army in July, 1991 and thereafter got himself registered with Ex-Servicemen Cell seeking suitable re-employment in any of the Civil Services. He had rendered approved military services from July, 1967 to July, 1991.

4. The name of the petitioner was nominated by the Ex-Servicemen Cell as per communication dated 31.05.1995 (Annexure P-1) to respondent No.3 for his appointment to the post of Police Constable reserved for Ex-Servicemen in District Shimla. As per the communication, the appointment orders were to be issued to the petitioner along with another person namely Malkiyat Singh within ten days, giving 15 days for joining. The petitioner reported in the Office of respondent No.3 within the stipulated period in the first week of June, 1995 for joining against the post on the basis of intimation, but his joining was not accepted and he was orally conveyed that he will be informed by W.T. message.

5. The petitioner received a W.T. message on 19.08.1995, whereby he was called with testimonials on 24.08.1995 and the petitioner accordingly reported for joining on the said date. However, on the scheduled date, he was sent back by saying that he will be now called for medical examination on some other date and message to this effect will be sent to him. Thereafter on 11.10.1995, respondent No.3 sent the message to the petitioner to appear before the Medical Board on 17.10.1995, and the petitioner appeared before the Medical Board on the said date, where he was medically examined and was found medically fit, but his joining was not accepted.

6. The petitioner received a message after a long lapse of time on 16.02.1996 for reporting his duties on 19.02.1996, but his joining was taken w.e.f. 23.02.1996. It has been averred that the petitioner was made to run from pillar to post to accept his joining well in time. He has suffered and now stands retired from service on 30.09.2005 after attaining the age of superannuation. It has been pleaded that as per the Demobilized Armed Forces Personnel Rules, 1972, the petitioner is entitled for counting of his past Military Services towards pay fixation and seniority.

7. It has been averred in the petition that two persons namely S/Sh. Purshotam Chand and Amar Chand who were also recommended by the Ex-Servicemen Cell for appointment to the Superintendent of Police, Kullu on 05.08.1995 were allowed to join their duties on 23.08.1995 and it is only respondent No.3 who has unnecessarily delayed the acceptance of the joining of the