JUDGMENT Vijay Pal Singh, Member (Adm.).—The applicant herein has prayed for the following reliefs:— (a) To quash the impugned order dated March 20, 2002 and March 26, 2002 (Annexure A-3 and Annexure A-4) whereby the representation of the applicant for counting of his previous military service for pensionary benefits on re-employment has been rejected: (b) Direct the respondent to confirm the applicant and afford an opportunity to the applicant to exercise his option to count his entire military service for the purpose of pensionary benefits from his present employment and (c) Direct the respondents to count entire military service of the applicant for pension and grant pension with all consequential benefits with interest @ 18% p.a. 2. In brief the ease of the applicant as set out in the Original Application is that the applicant has served in the Indian Air Force for about 21 years from July 14, 1966 to August 1, 1987. On retirement from Air Force, the applicant re-joined the service as Tehsil Welfare Officer in the respondent department on April 28, 1998 through Ex-Serviceman Cell against the reserved vacancy. The applicant is in receipt of pension from the Army. That after joining of the civil service on initial post, the applicant has completed his period of probation successfully and is liable to be confirmed and afforded an opportunity under Rule 19 of CCS. (Pension) Rules, 1972 to count his past military service for the purpose of pension, his further stated that the respondent department did not ask the applicant to exercise the option for counting his past military service as required under sub-rule 2 (b) 1 of Rule 19. The representation made by the applicant in this behalf was illegally rejected by the respondent department vide order dated March 20, 2002 and March 26, 2002 (Annexure A-3 and Annexure A-4). Against such an illegal action, the applicant made another representation on June 24,2002 (Annexure A-5) and lastly on May 14, 2003 (Annexure A-7) but nothing has been done in this regard, hence, this Original Application. 3. The claim of applicant has been contested by the respondents. In their reply, respondent’s No. 1 and 2 have stated that the applicant was appointed against the reserved post for Ex-Serviceman and joined as such on April 29, 1998. 3. The claim of applicant has been contested by the respondents. In their reply, respondent’s No. 1 and 2 have stated that the applicant was appointed against the reserved post for Ex-Serviceman and joined as such on April 29, 1998. His date of birth is April 20, 1947 and, will retire from the Government service on April 30, 2005 after rendering 7 years service and will not be entitled for pension. The applicant made representation on September 7, 1999 to count his previous military service far pensionary benefits as such he exercised this option after one year and four months whereas under Rule 19(1) GID No. 1 there under of CCS (Pension) Rules of 1972 as well as Finance department office memo dated February 23, 1989, he was required to exercise such option within one year from the date of re-employment. The respondent’s No. 1 and 2 submitted the case of the applicant to the respondent No. 3 for counting previous military service for pensionary benefits on re-employment, but the respondent No. 3 rejected the case of the applicant. 4. In his reply, respondent No. 3 has stated that the confirmation is not necessary for exercising option for counting of past military service for pensionary benefits as the provision of Rule 19(1) of CCS (Pension) Rules, 1972 deemed to have been modified vide Government of Indias decision (1) below Rule 19 of Rules ibid. Accordingly, the Government servants applying for counting of service under Rule 19(1) have been allowed to exercise option for the same within a period of one year from the date of joining the service or post with the condition that the pension, gratuity, etc. already drawn by such Government servants from the military authority shall be refunded to the Government with interest from the date of joining of service in the civil employment. It is further submitted that the Government of Himachal Pradesh has also issued similar instructions in this regard vide Finance (Pension) Department O.M. No. Fin (PEN) A (3)-l/88 dated 23.2.1989 (Annexure A). Accordingly the applicant was required to exercise the option for counting of past military service within a period of one year from the date of his joining. The option was not exercised by the petitioner within the stipulated period; therefore, he is not entitled for counting of past military service combined with civil service for pensionary benefits. 5. Accordingly the applicant was required to exercise the option for counting of past military service within a period of one year from the date of his joining. The option was not exercised by the petitioner within the stipulated period; therefore, he is not entitled for counting of past military service combined with civil service for pensionary benefits. 5. I have heard the learned Counsel for the applicant and learned law officer for respondents and perused the material on record. 6. Rule 19 (2)(a) CCS (Pension) Rules, 1972 provides that the authority issuing the order of substantive appointment to a civil service or post as is referred to in sub-rule (1) shall along with such order require in writing the Government servant to exercise the option under the sub-rule within three months of date of issue of such orders, if he is on leave on that day within three months of his return from leave whichever is later and also bring to his notice the provisions of clause (b). The Government of Himachal Pradesh vide O.M. No. FSM (PEN) A (3)-1/ 88 dated 22.3.1989 (Annexure A) has issued similar instructions that the Administrative authorities concerned should incorporate in the order of re-employment itself a clause to the effect that if the re-employed ex-serviceman desires to take advantage of the retirement benefits based on combined military and civil services, he would exercise option with a period of one year from the date of his re-employment. 7. This provision under rule ibid and instructions dated February 23, 1989 (Annexure A) enjoins on the respondent department to ask an ex-serviceman to exercise his option either to opt to retain his military pension or to opt for civil pension at the time of issuing order of appointment to a civil service or post. In this behalf, the respondent’s No. 1 and 2 in their reply have stated that "it is admitted here that no such type of condition was inserted in the appointment order of the applicant to exercise his option for counting the previous military service." As the respondent department itself has failed in discharging its duty in asking for the option thus respondents cannot take the plea that the applicant did not exercise and tender such option timely. 8. 8. Sub-rule 1 of Rule 19 CCS (Pension) Rules of 1972 further provides that A Government servant who is re-employed in a civil service or post before attaining the age of superannuation and who, before such re-employment had rendered military service after attaining the age of eighteen years, may, on his confirmation in a civil service or post opt either— (a) to continue to draw the military pension or retain gratuity received on discharge from military service, in which case his former military services shall not count as qualifying service; or (b) To cease to draw his pension and refund— (i) The pension already drawn, and (ii) The value received for the commutation of a part of military pension, and (iii) The amount of retirement gratuity including service gratuity, if any. And count previous military as qualifying service in which case the service so allowed to count shall be restricted to a service within or outside the employees unit or department in India or elsewhere which is paid from the Consolidated Fund of India or for which pensionary contribution has been received by the Government. 9. It is also admitted position that applicant has not been confirmed after completion of his probation period as such applicant has been denied of his legal right to exercise his option on confirmation for counting his army service for pensionary benefits. 10. From the foregoing and the facts noticed from the pleadings, it is amply evident that the respondents at no point of time asked the applicant to exercise his option. 11. In view of above discussion, facts and circumstances of the case, the Annexures A-3 and A-4 are quashed and the present Original Application is allowed with the following directions: (a) Respondents to confirm the applicant from due date; (b) Respondents to provide an opportunity to the applicant to exercise his option for counting his military service for the purpose of pensionary benefits as required under Rule 19 of CCS. (Pension) Rules, 1972 within a period of one month from the date of this order; and (c) If such option is exercised by the applicant within 15 days, the respondents shall grant him pensionary benefits with all consequential benefits after realizing the total amount due from the applicant in one lump-sum as per provisions of Rule 19 of CCS (Pension) Rules, 1972 within three months from the date of receipt of option of the applicant. The Original Application is disposed of accordingly with no order s to costs. O.A. disposed of accordingly.