Court established that military service must be recognized for government pension benefits, following statutory provisions.

ORDER

Per Hon’ble Mr. Rajinder Singh Dogra, J.M.

The applicant is the widow of Late Paramjit Singh, who being aggrieved of the inaction on the part of the respondents, moved SWP No. 1582 of 2014. During the pendency of the writ petition, the husband of the applicant expired on 1.1.2024 and the applicant has filed application for substitution of the applicant as party applicant in place of her deceased husband and the same was allowed by the Court. After the promulgation of the J&K Reorganization Act, 2019 and the formation of UT of J&K, the case was made over to this Tribunal where it was re-numbered as TA 296/2020. The following reliefs are sought for in the present application:

i) to quash Order No.GAD/SER/KAS/2001 dated 01.07.2004 passed by the General Administration Department by which the late husband of applicant was informed that the case of the late husband of applicant is not covered under rules, by issuance of writ of Certiorari;

ii) to issue direction to the respondents to count the defence services rendered by the late husband of applicant in Indian Army in Core of Signals and Border Road Organization (GREF), prior to entering into State Services, for the purposes of pensionary benefits in terms of SRO 17 of 2002 dated 10.1.2002 and also under the provisions of law, by issuance of writ of Mandamus;

iii) to issue direction to the respondents to fix, count and release the arrears in favour of the late husband of applicant for pensionary benefits from the date the late husband of applicant has retired on superannuation, w.e.f. 1.2.2001 and to release the arrears alongwith interest @ 18% per annum, by issuance of writ of Mandamus;

iv) to issue direction to the respondents to implement the provisions of SRO 17 of 2002 dated 10.1.2002 by virtue of which the services rendered in the Indian Army/GREF taken into account alongwith the State services, by issuance of writ of Mandamus; and

2. The fact of the case is that –

a) The late husband of applicant joined Indian Military Academy, Dehradun for Pre-Commission Training in the Indian Army in July, 1963 and was commissioned in the Indian Army on 26.4.1964 as an Emergency Commissioned Officer after successfully completing the training and the services of late husband of applicant were fixed in the Core of Signals. The late husband of applicant has served as Emergency Commissioned Officer in the Indian Army for five years & four months. The late husband of applicant was released from the Indian Army on 1.9.1969. Thereafter he joined GREF as Class-I Officer for which he qualified to the Union Public Service Commission, New Delhi. The late husband of applicant after resigning from Class-I post in GREF joined as KAS Officer Junior Scale, under the provisions of J&K Administrative Service Rules 1965, after qualifying Open Competitive Examination held by the Public Service Commission, J&K State.

b) Govt. issued an SRO 196 dated 18.5.1967 by which the Govt. made rules which are called as J&K Civil Services (Recruitment for Demobilize Emergency Commissioned and Short Services Commissioned Officer) (Appointment by Competitive Examination) Rules 1966. Under these rules the late husband of the applicant was appointed in the State Services as KAS Junior Scale Officer vide order dated 6.12.1972.

c) As per the SRO, the late husband of applicant has applied through proper channel which is clear from the record, as the Chief Engineer has written a letter to the Directorate General Border Road vide letter dated 14.12.1972 wherein the Chief Engineer sent the resignation for seeking approval and also recommended for release of late husband of applicant. Consequent upon the acceptance of the resignation of the late husband of applicant, the late husban