LAWS(P&H)-2010-4-74

STATE OF HARYANA Vs. OM PAL SINGH

Decided On April 06, 2010
STATE OF HARYANA Appellant
V/S
OM PAL SINGH Respondents

JUDGEMENT

(1.) THE issue in this Regular Second Appeal relates to the grant of military service benefit for the period the respondent had served in the Army during emergency. THE respondent-plaintiff had filed a suit, pleading that he was entitled to the benefit of military service of 5 years 2 months and 16 days as he had served in the Army for this period during emergency. THE respondent-plaintiff had subsequently joined Class IV employee in the office of Civil Surgeon, Gurgaon, on 5.7.1980. He retired on superannuation on 31.3.2004.

(2.) WHEN the Army service rendered during emergency was not counted towards pension and gratuity, the respondent-plaintiff filed this suit.

(3.) ON the basis of the pleading, following issues were framed: