Pension not ‘automatic right’: HC rejects ex-Army officer’s plea over 12-year stint at Punjab Electricity Regulatory Commission

The Punjab and Haryana High Court dismissed the retired Army officer’s plea citing rules and noting that PERC is a statutory body and employs staff only via deputation, re-employment, or contract.

3 min readChandigarhFeb 3, 2026 02:19 PM IST

Justice Harpreet Singh Brar ruled that the petitioner was ineligible for pension because his role with PERC was temporary, with no permanent or regular posts created by the Commission. (File photo)

The Punjab and Haryana High Court Monday dismissed a writ petition by retired Lieutenant Colonel Ashok Bembey, who sought pension and retiral benefits for his stint at the Punjab State Electricity Regulatory Commission (PERC).

Justice Harpreet Singh Brar ruled that the petitioner was ineligible because his role was temporary, with no permanent or regular posts created by the Commission.

Lt Col Bembey retired from the Indian Army in 1997 and joined PERC as Deputy Director (Media and Housekeeping) on February 28, 2002, on a re-employment basis. His appointment letter stated: “You are hereby appointed as Dy Director Media and House Keeping on re-employment basis on standard terms and conditions of such re-employment in the PERC initially for the period of 1 year with the clear stipulation that this appointment is purely temporary and your services can be terminated at any time.”

His term was renewed periodically until March 2014, after which he served on contract until December 2015, when he was relieved upon reaching 65.

Lt Col Bembey argued he had provided 12 years of uninterrupted service on a regular sanctioned post, qualifying for pension under Punjab Civil Services Rules (Rule 3.12), which covers employees with more than 10 years of service. He also cited the 1992 government instructions on ex-servicemen’s pay fixation.

The court rejected this, noting PERC, a statutory body under the Electricity Act, 2003, employs staff only via deputation, re-employment, or contract. “Since inception, no permanent/regular posts were sanctioned to respondent No.1-Commission,” the judgment observed.

Justice Brar underlined that a pension is no automatic right. Citing the Supreme Court’s ruling in State of Odisha v Niranjan Sahoo, it said pension is subject to completion of minimum qualifying service under applicable rules.

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Referring to UP Roadways Retired Officials and Officers Association v State of UP, the court added that pension can be claimed only when permissible under relevant rules or a scheme, and that employees covered under a provident fund scheme without a pensionable post cannot claim pension.

PERC’s 2015 regulations explicitly limit hiring to deputation, re-employment, or contract, with no pension provision. The 1992 instructions on Lt Col Bembey’s pay also omitted pensionary benefits for re-employed ex-servicemen.

A Punjab government clarification dated November 24, 2017, confirmed that the petitioner was not eligible for pension, leave encashment or related benefits under the 1992 finance department instructions.

The court concluded that Lt Col Bembey knew his role was temporary from the outset, leaving no legitimate expectation of permanent status. The petition was dismissed as he failed Rule 3.12’s requirement for substantive and permanent service.

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The verdict underscores that statutory bodies with non-permanent staffing are not bound to offer pensions in the absence of explicit rules.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More