Case Note & Summary
The petitioner, Sri R. Hanumatha Singh, an ex-serviceman who served in the Indian Air Force from 31.01.1972 to 08.05.1987, later joined the Karnataka Power Transmission Corporation Limited (KPTCL) as an Assistant Engineer under the ex-military personnel quota. Upon retirement, he sought to have his military service counted as qualifying service for pension under the KPTCL Employees' Pension Regulations, 1999. The Corporation rejected his claim via an endorsement dated 30.10.2018 (Annexure-K), stating that his military service could not be added. The petitioner challenged this endorsement by filing a writ petition under Articles 226 and 227 of the Constitution of India. The Court examined Rule 3 of the Pension Regulations, which allows counting of military service as qualifying service for pension. The Court found that the Corporation's rejection was arbitrary and contrary to the regulations. It held that the petitioner was entitled to have his military service counted as qualifying service, and quashed the impugned endorsement. The Court directed the Corporation to reconsider the petitioner's claim and grant him the benefit of pension by adding his military service, in accordance with Rule 3. The writ petition was allowed.
Headnote
A) Service Law - Pension - Qualifying Service - Rule 3 of Karnataka Power Transmission Corporation Limited Employees' Pension Regulations, 1999 - The petitioner, an ex-serviceman, sought addition of his military service (1972-1987) as qualifying service for pension under the Corporation's Pension Regulations. The Court held that Rule 3 of the Regulations permits counting of military service as qualifying service, and the Corporation's endorsement denying the same was arbitrary and unsustainable. (Paras 1-10) B) Service Law - Ex-Servicemen - Pensionary Benefits - The Court relied on the principle that ex-servicemen are entitled to count their past defence service for pension in civil employment, as per the applicable rules. The Corporation's failure to consider the petitioner's claim in accordance with Rule 3 amounted to a violation of his rights. (Paras 5-10)
Issue of Consideration
Whether the service rendered by the petitioner in the Indian Air Force prior to his appointment in the Karnataka Power Transmission Corporation Limited can be counted as qualifying service for the purpose of pension under the Karnataka Power Transmission Corporation Limited Employees' Pension Regulations, 1999.
Final Decision
The writ petition is allowed. The impugned endorsement dated 30.10.2018 (Annexure-K) is quashed. The respondents are directed to reconsider the petitioner's claim and grant him the benefit of pension by adding his military service as qualifying service in accordance with Rule 3 of the Karnataka Power Transmission Corporation Limited Employees' Pension Regulations, 1999.
Law Points
- Military service counts as qualifying service for pension under Rule 3 of KPTCL Pension Regulations
- 1999
- Ex-servicemen are entitled to count past defence service
- Pensionary benefits cannot be denied on technical grounds
