The main legal point established is that the military service, GREF service, and training period as a Tehsildar are to be considered for pension and other retiral benefits, as per the relevant rules and instructions.

Kuldip Singh, J.

1. Petitioner has invoked the writ jurisdiction of this Court under Articles 226/227 of the Constitution of India for issuance of writ of mandamus directing the respondents to fix proper pension of the petitioner, seniority and consequential benefits after counting his period from 29.4.1963 to 1.7.1968 rendered in the military service as Emergency Commissioned Officer. He also prays that his paramilitary service from 31.10.1969 to 22.9.1974 rendered as Class-I officer in General Reserve Engineer Force (GREF) be also counted towards service period rendered under the respondents as District Revenue Officer. He further prays that his training period as a Tehsildar from 26.9.1974 to 8.2.1978 be counted towards period qualifying for pension in view of Haryana Revenue (Group B) Service Rules, 1988 and Rule 22 of the Central Civil Service Pension Rules, 1972 and State Government instructions dated 15.10.1971. Petitioner also seeks quashing of order dated 11.12.1978 (Annexure P4) vide which, his military service from 29.4.1963 to 10.1.1968 only was counted illegally towards seniority and denying the arrears of pay and military service from 11.10.1968 to 1.7.1968 was not counted at all. Petitioner further prays that he be promoted to the cadre of IAS/ HCS against the reserved post under Punjab PCS (Executive) Rules, 1930 and Rules 4, 6 and 7 of IAS (Recruitments) Rules, 1954 and Appointments by Promotion Rules 1955 after taking into account his entire military service.

2. Petitioner joined in the Indian Army on 29.4.1963 as Emergency Commissioned Officer, when the first emergency was in operation from 26.10.1962 to 10.1.1968 and was released on 1.7.1968. Petitioner again joined paramilitary force known as General Reserve Engineer Force (GREF) as Class I Gazetted Officer through Union Public Service Commission as Civil Officer under the Ministry of Shipping and Transport and Directorate General Border Roads and was equated to the rank of Captain and worked there from 31.10.1969 to 22.9.1974. Thereafter, the petitioner was selected through Haryana Public Service Commission for Haryana Civil Services & allied services on 26.9.1974 against the post of Tehsildar reserved for ex-servicemen. Petitioner remained under training from 26.9.1974 to 8.2.1978. Thereafter, he worked on different posts of revenue department independently like Kanungo and Naib Tehsildar and was getting full pay of Tehsildar during this period. His GPF account was opened w.e.f. 26.9.1974. However, he has been denied benefit of training period from 26.9.1974 to 8.2.1978 i.e. three years four months and 23 days for the purpose of pension. Petitioner claimed that during this period, he was under the control of the respondents and performing the duties assigned to him and was getting the pay of Tehsildar. Hence, the period of training is liable to be counted as qualifying for pension. Petitioner further claimed that Punjab Tehsildari Rules 1932 were repealed by Rules of 1988. He claims that under the Punjab Government National Emergency (Concession) Rules, 1965 his entire service in the military is to be treated as qualifying for pension under Rule 4. It is further stated that Haryana Government has amended the definition of military service in Rule 2 of the above mentioned rules vide notification dated 9.8.1976 and restricted the benefit of military service upto 10.1.1968. Therefore, the respondents counted the military service of the petitioner from 29.4.1963 to 10.1.1968 for the purpose of seniority and pension vide order dated 11.12.1978 and his date of appointment as Tehsildar was fixed as 27.5.1973 after allowing only one year benefit of military service. Arrears were paid w.e.f. 8.2.1978 and not before that. Said notification dated 9.8.1976 was declared ultra vires in CWP No. 6436-37 of 1980 titled Ex.Captain K.C. Arora and another vs. St