CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH, CHANDIGARH OA No. 1347/2019 On this the 16^th day of March, 2026 CORAM:

HON’BLE MR.SURESH KUMAR BATRA, MEMBER (J)

HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)

Rajender Singh s/o Sh. Gyan Chand aged 63 years, r/o House No. 111/8-C, Shanti Nagar, Manimajra, Chandigarh – 160110 (Group – C)

….Applicant (By Advocate : Mr. K.B. Sharma with Mr. Shaneel Rana)

Versus

1. Chandigarh Administration through its Home Secretary, UT Secretariat, Sector 9, Chandigarh - 160009

2. Inspector General of Police, UT, Chandigarh, Sector 9, Police Head Qtrs., Chandigarh – 160009

3. Senior Superintendent of Police, Police Department, UT Chandigarh, Sector – 9, Police Head Qtrs., Chandigarh -

160009 ….Respondents (By Advocate: Mr. Baljinder Singh Khaira with Mr. Shiv Bhola)

O R D E R (ORAL)

PER: SURESH KUMAR BATRA, MEMBER (J)

In the present OA, the applicant has prayed for the following reliefs:-

“(i) That impugned order dated 21.11.2019 (A-18) and

24.10.2019 (A-19) be quashed and set aside.

(ii)That the respondents be directed to correctly fix pay of the applicant as Rs. 4550/- w.e.f. 01.01.1996 by adding the benefit of 2nd National Emergency as per Notifications of 2009 (A-3) and 2012 (A-4) and consequently release arrears of pay and allowances w.e.f. 2012 and further release pensionary benefits w.e.f. 1.1.2015 with revision and interest @ 12% p.a.

(iii)That this Hon’ble Tribunal may also pass any other order in favour of the applicants which it may deem fit in the peculiar facts and circumstances of the case.

(iv) That cost of the application may also be awarded in favour of the applicants.”

2. Briefly stated that the applicant joined Army as Sepoy on 28.01.1976 and he was discharged from Army on 11.05.1985. He rendered about service during 2nd National Emergency for about 1 year. Thereafter, he joined Chandigarh Police Department on 01.07.1985 as Constable. He retired from service as Head Constable on 20.12.2014. It is submitted that at the time of initial date of appointment, the pay of the applicant was fixed by granting him one increment, i.e., the benefit of 2^nd National Emergency. The applicant has preferred the instant OA seeking quashment of the impugned orders dated 21.11.2019 (Annexure A-18) and 24.10.2019 (Annexure A-19), whereby the claim of the applicant for correct fixation of his pay, as per the Notification issued by the Punjab Government, has been rejected by the respondents.

3. As per the Notification dated 02.02.1982, the State of Punjab promulgated Rules called the Punjab Recruitment of Ex- Servicemen Rules, 1982 (hereinafter, referred to as “the 1982 Rules”). As per Rule 8 of the 1982 Rules, the Ex-servicemen were granted certain benefits towards increments and pension for having served the cause of nation during the First National Emergency from 26.10.1962 to 09.01.1968. The 1982 Rules were accordingly amended by the State of Punjab through the Punjab Recruitment of Ex-Servicemen (First Amendment) Rules, 2009 (hereinafter, referred to as “the 2009 Rules), which was further amended in 2012. It has been pleaded that as per the aforesaid rules, an ex-serviceman was held entitled to the grant of benefit of his military service rendered during the Second National Emergency towards increments only if he had joined the service during the Second National Emergency. So far as pension is concerned, there was no such stipulation qua the same in the above rules.

4. The applicant preferred various representations dated 26.08.2016 (Annexure A-5) and 16.01.2019 (Annexure A-11), requesting the respondents to grant him the benefit of the aforesaid Notification, by fixing his pay correctly and releasing his arrears of pay and pension. Despite the fact that the Punjab Government stated that Rule 8-B of the Notification is self explanatory, the respondent No. 3 rejected the claim of the applicant on the ground that applicant has already been granted the benefit of increment at the time of his initial date of appointm