The benefit of military service under Rule 4 of the Punjab Government National Emergency (Concession) Rules, 1965 should be given irrespective of the date of joining the armed forces.

R.S.Mongia, J.

1. The only controversy raised in the present writ petition is as to whether a person, who had joined the armed forces prior to the declaration of first emergency on October 26, 1962, is entitled to the benefit of military service under Rule 4 of the Punjab Government National Emergency (Concession) Rules, 1965 for purpose of seniority, increments etc. The aforesaid controversy arises on following facts:-

2. The petitioner had joined the armed forces on June 13, 1961 and was discharged on April 28, 1970. After discharge from the armed forces, he joined as Forest Guard with the respondents on November 6, 1970. The petitioner claims the benefit of military service rendered during the period of emergency i.e. between October 26, 1962 to January 10,1968 under the 1965 Rules.

"Rule 4. Increment, Seniority and Pension Increments The period spent by a person on Military Service, after attaining the minimum age prescribed for appointment to any service of post to which he is appointed, shall count for increments. Where no such minimum age is prescribed the minimum age shall be as laid down in the rules 3.9, 3.10, and 3.11 of the Punjab Civil Service, volume II. This concession shall, however, be admissible only on first appointment. Seniority:The period of Military Service mentioned in clause (i) shall be taken into consideration for the purpose of determining the seniority of person who has rendered Military Service. iii) Pension:~Th& period of Military Service mentioned in clause (i) shall count towards pension only in the case of appointments to permanent services or posts under the Government subject to the following conditions: 1) The person concerned should not have earned a pension under military rules in respect of military service in question. 2) Any bonus or gratuity paid in respect of military service by the defence authorities shall have to be refunded to the State of Government. 3) The period, if any, between the date of discharge from military service and the date of appointment to any service or post under the Government shall count for pension, provided such period does not exceed one year. Any period exceeding one year but not exceeding three years may also be allowed to count for pension in exceptional cases under the orders of the Government."

3. This benefit was denied to the petitioner vide the impugned letter dated 15.12.1989 at Annexure P.1 from the Chief Conservative (Conservator) of Forests Punjab, Chandigarh addressed to Divisional Forest Officer, Working Plan and Survey Division, Chandigarh. The benefit of military service was denied solely on the ground that the petitioner had joined the armed forces prior to the proclamation of emergency i.e. prior to October 26, 1962 and, therefore, his case was not covered under 1865 Rules. This point now stands settled finally by the Apex Court as well as by this Court that the benefit of military service so far as the employees in the State of Punjab are concerned has to be given irrespective of the date of joining the armed forces. Reference maybe made to 1995(2) SLR 313.

4. Consequently, this writ petition is allowed and the order at Annexure P.l is hereby quashed. Resultantly, the petitioner will be entitled to get the benefit of his military service rendered during the period of emergency i.e. from October 26,1962 to January 10, 1968 towards his seniority and increments etc. Let these directions be carried out within a period of four months of the date of the receipt of a copy of this order either from this Court or a certified copy thereof from the petitioner and by giving the deemed date of appointment to the petitioner, his pay be refixed and the arrears be also released. In case the arrears, as aforesaid, are not paid within the aforesaid period, the petitioner will be entitled to 12% interest per annum. I make no order as to costs.

5. It may be observed here that in order at Annexure P.l, the Chief Conservative (Conservator) of Forests P