Jaswant Singh v. State Of Punjab And Others

    
     
 

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record with their able assistance.

7.

A Division Bench of this Court while adverting with identical issue has held that employees who have retired prior to 01.12.2011 are not entitled to increment for service rendered during Second National Emergency. The relevant extracts of the judgment read as:

"From the above quoted Rules, it is clear that so far as the benefit of military service rendered during the Second National Emergency towards increments is concerned, exservicemen who had joined and rendered service during the period of Second National Emergency were only held entitled to the same. So far as the benefit of pension is concerned, it was inconsequential whether the ex-servicemen had joined the military service during the Second National Emergency period or not. Thus, so far as the benefits of military service towards increments is concerned, all the petitioners having joined the military service prior to the Second National Emergency are held not entitled to the same. The petitioners reliance on the notification dated 10.4.

2012 (as reproduced above) for the grant of benefit of military service towards increments is misplaced. A perusal of the notification dated 10.4.2012 would show that the same is applicable only to those ex-servicemen who are in the service of the Government as on 1.12.2011 or appointed thereafter. It is the admitted position that none of the petitioners were in the service of the government as on 1.12.2011 as all of them had retired earlier.

benefit towards pension.

Accordingly, the writ petitions are partly allowed to the extent that the petitioners are held entitled to the grant of benefit of military service rendered by them during the Second National Emergency towards pension. However, they are held not entitled to the grant of any benefit of their military service rendered during the Second National Emergency towards increments."

8.

In the case in hand, the petitioners concededly retired prior to 01.12.2011, thus, their case is squarely covered by aforesaid judgment. They are not entitled to increment for the military service rendered during Second National Emergency. The petitioners concededly have been granted increment with respect to service rendered during First National Emergency.

9.

In the wake of above discussion and findings, the present petition sans merit and deserves to be dismissed and accordingly dismissed.






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