Non-pensionable prior military service not countable for pension under Railway Pension Rules 1993 for post-2004 NPS appointees; Rule 34 inapplicable without prior pension receipt; claim barred by 11-year delay and laches.

ORDER

Per : Umesh Gajankush, Member (J) 

1.The present O.A. has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 for seeking the following reliefs:-

“a. That this Hon’ble Tribunal be graciously pleased to quash the order dated 18.04.2018 (Annexure A-1) passed by the respondent No.2 vide which the respondents have rejected the claim of the applicant on the ground of earlier military service was not pensionable.

b. | That this Hon’ble Tribunal be graciously pleased to direct the respondents to consider the case of the applicant and her service to be governed by provisions of old pension scheme i.e. Railway Service (Pension) Rules 1993 and accordingly all the benefits as per old pension scheme may be given to her.

Cc. That this Hon’ble Tribunal be graciously pleased to direct the respondents to grant the benefit of total military service rendered by the applicant, for the purpose of pay fixation/annual increments and pension with all consequent benefits under Rule 34 of Railway Services (Pension) Rules, 1993 as well as keeping in view law laid down by the Hon’ble High Court in the case of Captain V.S. Narwal Vs. Chief Secretary of Government of Haryana, decided on 13.11.1995, Captain Indu Boken Vs. State of Haryana & Mian Jackson Se Ors. decided on 11.10.2012 and view laid down by Hon’ble MPranso = Tribunal, Chandigarh Bench in Jawant Singh son of S/here Chajju Ram, Retd. Sub Post Master, Kathua V/s UOI & Ors., in OA/805/2009.

d. | That any such other and further order or orders be passed in the facts and circumstances of the case may require.

e. — That cost of the application be provided for.”

2. Brief facts of the case as stated in the O.A. are that the applicant joined Indian Army on March, 1994 as Women Short Service Commission Officer in the rank of 2" Lieutenant by Ministry of Defence. Initially as per prevalent rules Women Short Service Commission was for 5 years only. However, in case of applicant after completion of 5 years of her service she got her first extension of further 5 years vide — order No.05508/08/Extn/MS7B dated February, 1999. After successful completion of 10 years of extended tenure of Women Short Service Commission, the applicant had been released from Military Service as a Captain from Army Headquarters on 02.04.2004 without being eligible for pension under the Rules.

2.1. It is submitted that on 10.04.2004, the applicant had requested for grant of additional extension in the Army for a period of 4 years, however, vide letter dated 23.04.2004, the Military Secretary, Army Headquarters informed the applicant that she Milan Jackson S2S5Sss== Alphanso found unfit for additional extension by Selection Board (Spl) held on 21.04.2004. Further request was made for second time, however, finally on 31.05.2004, the Military Secretary informed the applicant about their inability for her further continuation in Army service.

2.2. It is further submitted that on 05.11.2005, the respondents through Railway Recruitment Board published an advertisement notice no.3/2005 for various posts including the post of Post Graduate Teacher (Physics). In the said advertisement the minimum criteria given for the said post was “M.Sc. in Physics, besides candidate must be possessing qualification like Med./B.Ed./Diploma or post-graduation of two years from the regional college of education of NCERT. All the education should be completed in English Medium. Priority will be given to experienced candidate.” In the said advertisement the examination fee was exempted for Ex-Serviceman. The applicant has participated in the said selec