High Court of Punjab and HaryanaCWP/20749/2014dismissed

Harbhajan Singh & ORS v. State Of Punjab & ORS

2016-10-20Mr. Justice S.P. Bangarh2 pages

CWP 20749/2014 1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:20/10/2016 Harbhajan Singh and another ............Petitioners vs State of Punjab and others .............Respondents CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Brij Mohan,Advocate for Mr.Simranjeet Singh Sarwara,Advocate for the petitioners Jaswant Singh,J(Oral) Two petitioners namely Harbhajan Singh and Joginder Singh on attaining the age of superannuation retired from the rank of Head Constable, Railway Police,Punjab w.e.f. 30.11.2006 and 31.10.2009 respectively.

It is submitted that petitioners prior to their joining as Constables had served the Indian Army during the period of second national emergency i.e. between 3.12.1971 and 26.3.1977. The details of the Army service of the petitioners are:- Petitioner no.1 from 7.10.1969 to 1.9.1987 Petitioner no.2 from 3.12.1971 to 1.10.1988 The claim set up after unexplained delay of more than six years is for grant of benefit of counting of their Military service during the second national emergency towards pension in terms of the notification dated 8.6.2004 (P-1).

From the bare reading of Annexure P-1 it is evident that for a person to be eligible, inter alia, for the said benefit, he should not have Rajinder Parshad Joshi 2016.10.21 11:14 I attest to the accuracy and integrity of this document

CWP 20749/2014 2 earned and drawn pension under the Military rules in respect of military service in question.

This Court, on previous dates of hearing had directed the petitioners to file an affidavit indicating that they are not drawing military pension for the second national emergency period so as to make them eligible. However, despite lapse of more than sufficient time no such affidavit has been filed.

At the time of hearing counsel for the petitioner concedes that petitioners were and are drawing military pension for the period covered under the second national emergency. He thus, prays for permission to withdraw the present writ petition.

Dismissed as withdrawn.

20/10/2016 (Jaswant Singh) joshi Judge Whether speaking/ reasoned Yes/No Whether Reportable:

Yes/No Rajinder Parshad Joshi 2016.10.21 11:14 I attest to the accuracy and integrity of this document