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8. As per the said O.M non-pensionable/purely temporary service will count towards civil pension where the said service is followed by permanent appointment to a civil post. The purpose of the O.M was given due recognition to the military service rendered by the citizens of the nation, when the nation was faced with an emergency in the face of external aggression. At that time the country needed youth who could defend its borders, even at the cost of their lives and careers. Keeping the objective sought to be achieved by the said O.M, it does not stand to reason that regular officers who took discharge from army, and were therefore not admitted to pension should be deprived of such an advantage. If the aforesaid O.M is interpreted to exclude the regular term military men from its application, it would be rendered discriminatory and arbitrary since the regular term military men who joined the military at the time of external aggression were similarly placed as those enlisted/commissioned in military service and, for the purpose of being granted the aforesaid benefit, constituted one class. The Apex Court in Raj Pal Sharma and Ors. v. State of Haryana and Ors. 1985(supp.) SCC 72 observed as follows:

on account of the external aggression by the Chinese forces in the Indian territory, the emergency was imposed by the President of India in 1962. In order to attract young men to join military service at that critical juncture, the Central Government and the State Governments issued different circulars and advertisements on the radio and in the press promising certain benefits to be given to those young men who join the military service.
The young persons who have joined the military service during the national emergency and those who were already in service and due to exigencies of service had been compelled to serve during the emergency form two distinct classes. The appellants and the petitioners who joined the army before the proclamation of emergency had chosen the career voluntarily and their service during emergency was as a matter of course. They had no option or intention of joining the government service during the period of emergency as they were already serving in the arm. The persons who enrolled or commissioned during the emergency, on the other hand, had on account of the call of the nation joined the army at that critical juncture of national emergency to save the motherland by taking a greater risk where danger to the life of a member of the armed forces was higher. They include persons who could have pursued their studies, acquired higher qualifications and joined a higher post and those who could have joined the government service before attaining the maximum age prescribed and thereby gained seniority in the service. Foregoing all these benefits and avenues, they joined the army keeping in view the needs of the country and assurances contained in conditions of service in executive instructions. The latter form a class by themselves and they cannot be equated to those who joined the army before the proclamation of the emergency. Benefits had been promised to such persons who heeded to the call of the nation at that critical juncture. Older man by joining the military service lost chance of joining other government service and when he joins such service on release from the army younger man had already occupied the post. To remove the hardship, the benefit of military service was sought to be given to those young persons who were enrolled/commissioned during the period of emergency forgoing their job opportunities.