Pension benefits: Can’t limit military service to ‘first Emergency’ period: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, April 15

In a significant judgment, a Division Bench of the Punjab and Haryana High Court has made it clear that the entire military service rendered by a former Army officer will be considered for retirement benefits. It will not be restricted to January 10, 1968 –– the date till which the first Emergency remained in operation.

The ruling came in case of an Emergency commissioned officer, who joined on April 29, 1963, and remained in service till July 1, 1968, but period up to January 10, 1968, was counted for grant of service benefits and the tenure beyond that was not counted.

One of the questions before the court was whether the service of petitioner RS Dhull from April 29, 1963, to July 1, 1968, was to be counted as military service and the benefit was to be given till then, and not up to January 10, 1968, till the first Emergency remained in operation.

Taking up the matter, a Single Bench of the court had initially ruled that military service in the petitioner’s case meant enrolment or commission in any of the three wings of the armed forces rendered by a person during the operation of the Emergency. Its definition made it clear that only the service rendered during first Emergency was to be counted as military service. As such, the respondents had rightly counted the petitioner’s military service from April 29, 1963, to January 10, 1968, for the purpose of benefits.

Acting on the petitioner’s appeal filed against Haryana and another respondent, the Division Bench of Justices Sanjeev Prakash Sharma and Sudeepti Sharma took note of his counsel’s argument that military service, as defined in Rule 2 of the Punjab National Emergency (Concession) Rules, 1965, was quashed in another matter.

As such, military service defined earlier to mean service rendered during operation and proclamation of Emergency up to January 10, 1968, was unjustified.