JAGDEEP CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of the first appellate Court reversing on appeal those of trial Court and dismissing the suit of the plaintiff for a declaration to the effect that he was entitled to the benefit of war services. The facts :-

(2.) The appellant/plaintiff joined as Commercial Clerk in the Railways on August 16, 1953 and continued as such till January 8, 1968 in the pay scale of Rs. 60-150. Thereafter, he was promoted and posted as Head Booking Clerk in the pay scale of Rs. 300-500. The old pay scale of the post of Booking Clerk was Rs. 150-240 and he was drawing a basic pay of Rs. 452/-. He had ex- experience of war service from July 31, 1940 to June 1946 (5 years 10 months and 16 days). His military services were to be counted for the purpose of seniority, fixation of pay and promotion, etc. in the Railways. He was denied the benefit of war services. He suffered a loss of six increments on account of ignoring his claim for war service benefits. Sarvshri Harmohinder Singh and K. Audiseshan, who were similarly situated, I moved the Delhi High Court for identical relief as claimed by the petitioner in Civil Writ Petition 148-D of 1988 and they were given the benefit of war services.

(3.) From the pleadings of the parties, the following issues were framed :-