Punjab-Haryana High Court
Gurdev Singh vs State Of Punjab & Ors on 8 September, 2010
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Civil Writ Petition No.2777 of 2004 -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Civil Writ Petition No.2777 of 2004
Date of decision: September 08, 2010.
Gurdev Singh
...Petitioner(s)
v.
State of Punjab & Ors.
...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Shri T.P. Singh, Advocate, for the petitioner(s).
Shri K.S. Dadwal, Additional Advocate General, Punjab
for respondent No.1.
Shri Harsh Aggarwal, Advocate, for respondents No.2 & 3.
Kanwaljit Singh Ahluwalia, J. (Oral):
At the very outset, Counsel for the petitioner has stated that he
will forego his challenge to the vires of Pepsu Road Transport Corporation
Employees Pension/Gratuity and General Provident Fund Regulations,
1992.
By this common order, two civil writ petitions, viz, CWP
No.2777 of 2004 (Gurdev Singh v. State of Punjab & Ors.) and CWP
No.2778 of 2004 (Rajinder Singh Dhaliwal v. State of Punjab & Ors.) shall
be decided together. For the facility of reference, facts have been extracted
from CWP No.2777 of 2004.
Gurdev Singh, petitioner joined the Indian Army during
Civil Writ Petition No.2777 of 2004 -: 2 :-
National Emergency on 13.2.1963 as M.T. Driver and was discharged on
6.10.1972. Petitioner was not given any pension by the Indian Army,
however, he was paid Service Gratuity of Rs.1199.70 and B.C.R.G. Of
Rs.705.35. Thereafter, Petitioner joined the PEPSU Road Transport
Corporation (PRTC) as a Driver on 22.4.1977. During the course of
employment, he was promoted as Inspector. On 18.2.1987, benefit of
military service was granted to the petitioner vide order at Annexure P-1,
which reads as under:-
"PEPSU ROAD TRANSPORT CORPORATION PATIALA
No.2525/PRTC/Admn. Dated: 18.2.87
ORDER
Shri Gurdev Singh, Driver No.B-236, PRTC, Budhlada depot joined PRTC on 22.4.77. Before joining PRTC, he served the Indian Army from 13.2.63 to 6.10.72, he applied for the benefit of military service rendered by him vide application dated 24.4.86. After taking into consideration, the period of military service rendered during the emergency from 13.2.63 to 9.1.68 and 3.12.71 to 6.10.72, his presumptive date of appointment works out to 23.7.71."
This benefit was given to the petitioner under the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter called the Rules). The Rules provide that military service benefit is to be given qua increments, seniority and pension. These Rules relating to pension read as under:-
"(iii) Pension.- The period of military service mentioned in clause (i) shall count towards pension only in the case of Civil Writ Petition No.2777 of 2004 -: 3 :- appointments to permanent services or posts under the Government subject to the following conditions-
(i)the person concerned should not have earned a pension under military rules in respect of the military service in question;
(ii) any bonus or gratuity paid in respect of military service by the defence authorities shall have to be refunded to the State Government;
(iii) the period, if any, between the date of discharge from military service and the date of appointment to any service or post under the Government shall count for pension, provided such period does not exceed one year. Any period exceeding three years may also be allowed to count for pension in exceptional case under the order of the Government."
At the relevant time, when the petitioner joined the PRTC and the benefit of military service was granted to the petitioner, pension scheme was not available. The employees were entitled only to contributory provident fund at the time of superannuation.
During the course of employment, PRTC decided to switch- over from payment of contributory provident fund to pension scheme called the PEPSU Road Transport Corporation Employees Pension/Gratuity and General Provident Fund Regulations, 1992 (hereinafter called as the Regulations). As per regulation 6, qualifying service is to be determined from the day when an employee started contributing towards contributory provident fund. Regulation 6 reads as under:-
"6. qualifying service: (1) The qualifying service will be taken into account with effect from the date of an existing employee Civil Writ Petition No.2777 of 2004 -: 4 :- started contributing towards the Contributory Provident Fund."
A conjoint reading of the Rules and the Regulations lead to an inference that as and when pension is introduced, employee is required to deposit the amount of gratuity and bonus received from the army. Since the employees of the Corporation were paid pension, therefore, petitioner was not bound to deposit gratuity and bonus received earlier from the army authorities. If, at the time of joining the service of the Corporation, the employees of the Corporation were paid pension, petitioner would have deposited the amount of gratuity and bonus received from the army. Petitioner joined the Corporation on 22.4.1977 and was retired by it on 31.1.2002. The Pension Regulations came into operation with effect from 15.6.1992 whereas the military service benefit was granted to the petitioner on 18.2.1987. It was incumbent upon the authorities of the Corporation to issue notice to those employees who had been granted military service benefit to deposit the amount of gratuity and bonus and also of contributory provident fund from the day their presumptive date of appointment was fixed.
The concessions made under the military service rules were not mere formalities. There was sanguine promise made to those, who leaving their families behind, went to the battle-fields to defend the nation. Those who went to answer the clarion call given by the nation, cannot be denied their rightful dues on the basis of narrow construction of the rules. Thus, on the basis of harmonious interpretation of the provisions to grant benefit which is due to those who went to save the nation at the war front, the petitioners Gurdev Singh and Rajinder Singh have been given 5 years and 9 months, and 6 years benefit of military service, respectively. Therefore , Civil Writ Petition No.2777 of 2004 -: 5 :- this Court is of the view that respective service rendered by the petitioners as military service is to be taken into consideration.
Thus, on deposit of amount of gratuity and CRG along with contributory provident fund, which the petitioners had to pay, and interest at the rate of 12% on these components, 5 years 9 months and 6 years service rendered by Gurdev Singh and Rajinder Singh respectively shall be counted as qualifying service towards computation and calculation of their pension.
These petitions are allowed in the aforesaid terms. No order as to costs.
[Kanwaljit Singh Ahluwalia] September 08, 2010. Judge kadyan