NIRVAIR SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner is an ex-serviceman and has served in the Army as a Sepoy Clerk from October 14, 1961 to December 26, 1971, resultantly served in the Army during Indo-China and Indo-Pak wars fought in the years 1961 and 1971. After is release from the Armed forces, he was appointed as a Clerk in the Labour Department, Punjab w.e.f. April 2, 1974 on ad hoc basis. He submitted the joining report on April 8, 1974. He was appointed against a post reserved for ex-serviceman after having been subjected to the procedure prescribed in the relevant rules for such appointment. Services of the petitioner were regularised w.e.f. April, 1977.

(2.) The benefit of military services was claimed by the petitioner for the purpose of fixation of pay, seniority and other service benefits as provided under the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter referred to a the Rules). He was granted benefit of military service rendered during the first emergency for the purpose of pay fixation and seniority by counting the period of five years two months and sixteen days. He was given the deemed date of appointment as Clerk in the Labour Department i.e. January 23, 1969 and the benefits flowing therefrom were duly accorded. It is claimed that he was not given the similar benefits for the service rendered during the second emergency declared in the year 1971 and admittedly he had served during the said emergency as well.

(3.) On account of having been given the benefit of entry into service on a deemed date, the claim is that he became entitled to be considered for promotion on the date when a junior person in the clerical cadre was promoted to the cadre of Labour inspector Grade-II. The petitioner had given his option to the Inspectorate Cadre but despite that he was given notional promotion as Assistant w.e.f. July 8, 1980 vide office order dated April 10, 1989 copy of which has been appended as Annexure P-5. Being dissatisfied with such an order, C.W.P. No. 7610 of 1989, was filed in this Court, as a sequel thereto, the order of promotion of the petitioner in the clerical cadre was withdrawn with the assurance that the claim of the petitioner for promotion to the post of Labour Inspector Grade-II, would be considered in due course in accordance with the rules.