HAVALDAR BHAGAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appeal aforementioned impugns the order of summary dismissal of a writ petition filed by the appellant in the High Court of Punjab and Haryana. Though the order only says "dismissed" it was clearly passed by reason by the judgment of this Court in Dhan Singh v. State of Haryana, (1991) 2 Suppl. SCC 190 . The writ petition arises upon facts similar to those in the appeal and it seeks reconsideration of the aforementioned judgment.

(2.) The facts that we state are of the appeal. The appellant was enrolled as a Sepoy in the Army on 30th January 1959. He served in the Army until some date in the year 1976, by which time he had been promoted to the post of Hawaldar. In 1978 the appellant joined the service of the State of Haryana (the first respondent) as a clerk.

(3.) The Government of Punjab had framed the Punjab National Emergency (Concession) Rules, 1965, and they were adopted by the state of Haryana when it was formed. These Rules gave benefits to persons who had been in military service before joining Government service, "Military service" was defined in Rule 2 thus: