K S GILL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution, the short grievance of the petitioner is that he has not been granted the benefit of Military service rendered by him towards seniority, pay, etc. after his selection by the Punjab Public Service Commission for the post of Principal borne on the Punjab Education Service (College Cadre) Class I, as a direct recruit on Ist June, 1981.

(2.) After doing his post-graduation in Punjabi in July, 1963, the petitioner joined the pre-Commission training in the Army on 10th October, 1963. He was commissioned as an officer in the Army on 3rd May, 1964, and was released therefrom on Ist August, 1989. Soon thereafter he got an assignment as Lecturer in Government College with effect from 10th October, 1969. While serving there, he competed in open competition for the State Civil Service (Executive Branch) and the allied services. In 1974, he was appointed as Assistant Excise and Taxation Officer in which capacity he served till 18th March, 1976, when he was reverted as Lecturer. While he was serving as Lecturer, he competed for the post of Principal borne on the Punjab Education Service (Class I) and was selected on 28th May, 1981, by the Punjab Public Service Commission and joined the same on Ist June, 1981.

(3.) After joining as Principal, the petitioner represented in September, 1983, for the grant of benefit of Military service rendered by him from 10th October, 1963 to 10th January, 1968 (the date on which the Emergency came to an end), towards pay and seniority in the rank of Principal. This representation was followed by a reminder dated 6th October, 1983, and another self-contained reminder dated 16th April, 1985, but the same was rejected on 2nd July, 1987, on the ground that benefit had already been given to the petitioner by recruiting him as Principal against a post reserved for ex-servicemen and that the seniority could not be given to him from a date prior to the date of his appointment; because that was the first opportunity when persons were recruited as Principals and it was that post for which qualifications were fulfilled by the petitioner. It is against this rejection that the petitioner has approached this Court.