The Punjab and Haryana High Court has ruled that an ex-serviceman who is re-appointed to a civilian position on a contractual basis cannot claim entitlement to a civil pension for that period of service. The Court clarified that contractual employment does not carry the same pensionary benefits as regular government service.
While examining the case, the Court noted that pension rights generally arise from permanent appointments governed by applicable service rules. Since the individual was engaged purely on contract after retiring from military service, the terms of employment did not provide for civil pension benefits.
The bench emphasized that contractual re-employment is fundamentally different from regular service and must be interpreted according to the specific conditions outlined in the appointment agreement. In the absence of any provision granting pension, such a claim cannot be sustained.
Accordingly, the Court concluded that the petitioner was not eligible for a civil pension based on contractual re-employment and upheld the applicable service rules.
