STATE OF PUNJAB AND ORS. versus HARBHAJAN SINGH AND ANR.

Citation: [2007] 11 S.C.R. 752 · Decided: 31-10-2007 · Supreme Court of India · Bench: TARUN CHATTERJEE · Disposal: Appeal(s) allowed
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Judgment (excerpt)

'-( 
A 
STATE OF PUNJAB AND ORS. 
v. 
HARBHAJAN SINGH AND ANR. 
OCTOBER 31, 2007 
B 
[T ARUN CHATTERJEE AND P. SATHASIV AM, JJ.] 
>-. 
' '\. 
1 
Service Law-Pension-Entitlement-Ex-serviceman-Re-
employment on civil side-Employee getting pension and gratuity from 
c defence-Claim.for pension on civil side-Denied on the ground of not 
completing requisite period of service-Counting of defence service 
denied-High Court directing grant of pension-On appeal, held: 
Employee not entitled to pension contrary to statutory rules-Defence 
' 
service cannot be counted for the purpose of pension in view of 
~ 
D emergency Rules since the employee hadjoined the defence service 
prior to emergency period-Punjab Civil Service Rules, I 970-rr. 17. 3, 
·'(-
I 7. 4 and I 7. 5-Punjab Government National Emergency (Concession) 
Rules, I 965. 
E 
Respondent No. l,joined Indian Army on 13.9.1961 as a Sepoy. 
He, on getting teacher's training, was appointed as Education 
Instructor. After his retirement, he got re-employed as JBT Teacher 
in the State Education Department. He had received gratuity from 
defence and was also drawing defence pension at the time of joining; 
F 
He submitted his pension case before his superannuatio~ a~ a 
>--· 
teacher. It was rejected by the concerned authorities on the gr6ti~d · 
... 
that the service rendered by him on civil side was less than ten years 
and his defence service could not be. counted in the civil side. 
Respondent No. 1 filed Writ Petition seeking relief of pension·by 
counting his defence service. High Court allowed the Writ Petition. 
G 
In appeal, appellant-State contended that the respondent was 
)...._ 
not entitled to the pension as he had not requisite years of service; 
and that his defence service could not be counted by virtue of Punjab 
Government National Emergency Rules, 1965 as he had joined army 
H 
752 
--
STATE v. HARBHAJAN SINGH 
753 
service in 1961 i.e. prior to the period of emergency i.e. 26.10.1962 A 
to 9.1.1968. 
· 
Allowing the appeal, the Court 
HELD: 1. Rules 7.13, 7.14 and 7.15 of Punjab Civil Service 
Rules, 1970 make it clear that employee can draw pension mentioned B 
therein, only if his initial pay plus pension does not exceed his 
substantive pay at the time ofretirement. Further, if previous service 
is counted, the pension remains in abeyance. It also shows that if 
option is not exercised in three months, he cannot do so at a later 
stage without the approval of the competent authority. The period C 
rendered shall count towards the service only if person has not earned 
pension, any bonus or gratuity paid is refunded to the State 
Government. Admittedly, the respondent was getting pension. It is 
also not in dispute that he received DCRG (gratuity). 
[Para 10) (758-D, E, FJ D 
2. As per the Emergency Rules, 1965, the service can be 
counted only if the person joined during the emergency and not 
before or after it. In view of the same, the respondent who had 
admittedly joined the army on 13.09.1961 as Sepoy is not entitled 
to the benefits of the provisions of the Punjab Government National E 
Emergency Rules, 1965 while emergency was imposed on 
26.10.1962. He is not entitled to get his "military service" counted 
for pension on serving as civil servant when his case does not fall 
. within the definition of "military service" which i~ service rendered 
by a person during emergency. [Para 11) [759-C, D] 
Ram Janam Singh v. State of UP. and Anr., [1994) 2 SCC 622; 
Chittaranjan Singh Chima and Anr. v. State of Punjab and Ors., [1997) 
11sec447, relied on. 
F 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5065 of G 
2007. 
From the final Judgment and Order dated 25.03.2004 of the High 
Court of Punjab and Haryanaat Chandigarh in C.W.P. No. 6126 of2003. 
H 
754 
SUPREME COURT REPORTS 
[2007] 11 S.C.R. 
A 
Ajay Pal for the Appellants. 
B 
Shikha Roy Pabbi (for S.K. Sabharwal), Vikas, Asha G. Nair and 
Anil Katiyar for the Respondents. 
The Judgment of the Court was delivered by 
P. SA THASIV AM, J. (I) Leave granted. 
(2) This appeal is filed against the final judgment and order dated 
25.03.2004 passed by the High Court of Punjab and Haryana in C.W.P. 
No. 6126 of2003 whe1eby the High Court allowed the writ petition of 
C the I st respondent herein. 
(2) The brief facts in nutshell are as under: 
Respondent No. I herein, who was a matriculate, joined as Sepoy 
in the Indian Army on 13.09.1961. Respondent No.l improved his 
D qualification and after o
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