SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has invoked the extra -ordinary jurisdiction of this Court by filing this writ petition with a prayer that the respondents be directed to fix his seniority by taking into consideration the services rendered by him in the Army during Emergency period.

(2.) THE petitioner joined the Indian Army on January 2, 1964 during the period of Emergency and he was discharged from military service on 6.7.1979 on medical grounds. Me was selected as Inspector in the Punjab Co -operative Bank and appointed as such on 8.5.1981 as per appointment letter Annexure P -1. He made an application to the Registrar, Cooperative Societies, Punjab, Annexure P -2 for adjustment of seniority and service increments taking into account the service rendered by him in Army in view of the Punjab State Emergency Rules, 1965 (hereinafter referred to as the 1965 Rules'). No action was taken. He also submitted reminder, copy whereof is Annexure P -3 dated 4.7.1984. It was returned with the observation that he should submit the application after enclosing certain documents. He again submitted an application along -with certificate of discharge from the military services as well as an affidavit that he had not claimed the military benefit from the Cooperative Department till date. It was again returned this time with the remarks that he cannot be given the benefits as these benefits were not available then. The impugned action has been challenged on the ground that once the petitioner was entitled to increments and seniority, the same could not be denied to him.

(3.) I have heard Shri Sushant Maini, learned Deputy Advocate General Punjab. None has, however, appeared on behalf of the petitioner despite the fact that the petitioner's counsel was informed by the office.