P&H HC declares unconstitutional provisions of ex-serviceman rules that limit benefits of those appointed to civilian posts after January 2012

The Punjab and Haryana High Court has declared the provisions of the Punjab Recruitment of Ex-Servicemen (First Amendment) Rules, 2012 and 2018 ultra vires the Constitution, which limited pension benefits and increments to ex-servicemen appointed to civilian posts after January. 1, 2012, and denied arrears for periods prior to that date.

Justice Sureshwar Thakur and Justice Sudeepti Sharma said the rules “created an arbitrary deadline” for the application of pensioners’ benefits and violated Articles 14 and 16 of the Constitution.

“The said contemplations against distinct, as made towards the same set of persons, or the same class of persons, is, but naturally, without intelligible difference, nor has any connection with the object proposed to be attained,” he added Court.

The Tribunal noted that the phrases namely “Provided that the benefits mentioned above shall be admissible in determining the salary on notional basis, commencing on the first day of January 2012 and with effect from the first day of January 2012 and no arrears shall be paid as a result of such fixation of pay’ as they previously appeared in the 2012 Rules and now in the 2018 Rules, rather the recognition of valor military of those who served during the second emergency rather was plucked arbitrarily.

These observations were made during the hearing of a batch of pleas challenging the validity of a provision inserted in Rule 8-B of the Punjab Recruitment of Ex-Servicemen Rules, 1982, by way of an amendment introduced by a notification dated April 10, 2012.

The impugned provision referred to the eligibility criteria for benefits such as allowances and pension for ex-servicemen who had rendered military service during the Second National Emergency.

After examining the provisions, the Court held that the provision must be read down because it “creates an onerous burden on the serviceman, who obviously served during the Second National Emergency, to ensure that within one year of the date of discharge its. and/or within three years of his release from office, rather to ensure that his appointment will be made to any service or post in the Government, so as to perform the relevant military service during the period of the second national emergency, thus accounting for the purpose of increments and pension”.

It is pertinent to mention that the High Court recent held that the service rendered during the First Emergency period by the ex-servicemen will be counted for the pension benefits arising from the government post they join later even after one year of service, if the post reserved for the ex-servicemen is not announced in the stipulated term. –

Title: KAMIKAR SINGH AND ANOTHER v. STATE OF PUNJAB AND ORS. (other related petitions)

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