STATE OF PUNJAB AND OTHERS Vs. MALKIAT SINGH

JUDGEMENT

(1.) This order shall dispose of Letters Patent Appeals No. 306 to 315 of 1997, which are arising out of a common judgment dated July 23, 1996, passed by the learned Single Judge in ten different writ petitions. The learned Single Judge divided those ten petitions in three categories.

(2.) The first category comprised of CWPs No. 482 and 1453 of 1985, 331 of 1988, 5351 and 10922 of 1990 and 12046 of 1991. All the petitioners in these six petitions, joined the armed forces prior to the declaration of Emergency in the country on October 26, 1962. They served the armed forces during the entire period of Emergency upto January 10, 1968. After discharge from the armed forces, they joined civil services in the State of Punjab in different departments, where they claimed the benefit of military service rendered by them during the period of Emergency, i.e. from October 26, 1962 to January 10, 1968, for the purposes of pay, seniority, pension etc., as envisaged by Rule 4 of the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter referred to as 'the Rules of 1965'). The respondents (appellants herein) declined the said benefit to the petitioners in this category of cases, solely on the ground that they had not joined the armed forces during the period of Emergency. They had joined the armed forces much prior to the declaration of Emergency and they just happened to serve during the period of Emergency, therefore, according to the appellants, those petitioners were not entitled to the benefit under the Rules of 1965.

(3.) The learned Single Judge, while relying upon the judgment of the Hon'ble Supreme Court in Dhan Singh & Ors. v. State of Haryana & Ors., 1991 1 SCT 137 and a Division Bench decision of this Court in Jaimet Singh v. The District and Sessions Judge, Amritsar, 1995 1 SCT 462, allowed all the six writ petitions, while holding that the employees, who had joined the armed forces even prior to the declaration of Emergency, would also be entitled to the benefit of military service rendered during the period of Emergency in accordance with Rule 4 of the Rules of 1965. It was held that since the Rules of 1965 have not been amended by the Punjab Government, as amended by the Haryana Government in the year 1976, therefore, these employees are entitled to the said benefit.