NIRMAL SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This order of mine will dispose of Regular Second Appeal Nos. 1102, 1103, 1104 and 1105 of 1988.

(2.) The facts giving rise to these appeals have been picked up from R.S.A. No. 1105 of 1988.

(3.) The plaintiff-appellant joined as Fireman with the Punjab State Electricity Board on 6.7.1977 against a permanent post reserved for ex-servicemen. He filed a suit for declaration that he was entitled to military service benefit for the period from 26.10.1962 to 8.1.1968 for the purposes of seniority, increments, etc. for having rendered military service during this period and the said benefit had been wrongly denied to him. On notice, the defendants contested the suit. Preliminary objections were taken, namely, (i) the suit in the present form was not maintainable; (ii) the plaintiff has no cause of action; and (iii) the suit was barred by time. On merits it was admitted that the defendant was an ex-serviceman but was pleaded that he was not entitled to the benefit of military service rendered during the period of emergency. On the pleadings of the parties material issue framed was whether the plaintiff was entitled to the benefit of military service rendered by him during the emergency period w.e.f. 16.10.1962 to 8.1.1968 towards increments and seniority, etc. The other period for which the benefit of military service was claimed in the suit is not in dispute as it was rightly and fairly conceded that the plaintiff was not entitled thereto. The benefit of military service was sought under the rules known as the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter referred to as the Rules). Rule 2 defined the military service as under :-