TEJ RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner seeks to quash the impugned proceedings issued by the 1st respondent on 03.09.1987 dis-entitling him from military service benefit on the ground that he became regular employee in the service only after the issuance of the notification dated 04.08.1976.

(2.) The petitioner joined the military service on 14.02.1957 and having served during the operation of the proclamation of emergency w.e.f. 26.10.1962 to 10.01.1968 and retired therefrom on 16.05.1973. Thereafter, he joined the service of the 1st respondent as Driver w.e.f. 21.05.1973 on Ad-hoc basis. Thereafter, his service was regularised.

(3.) The Chief Secretary to the Government of Haryana issued instructions on 04.08.1986 conferring military service benefits to those, who retired from service during the period of emergency, though they joined service prior to the proclamation of emergency. The petitioner placed his claim on the basis of instructions, issued by the respondents. The 1st respondent declined to confer the military service benefits to the petitioner vide the impugned proceedings. The petitioner has therefore preferred the present writ petition.