BIJINDER SINGH YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner in the present writ petition is challenging the action of the respondents in denying him the benefit of Military Service under Punjab Government National Emergency (Concession) Rules, 1965 as applicable to the State of Haryana and amended from time to time by the State of Haryana (hereinafter called the Rules). Briefly, the facts of the case are that petitioner was recruited in the Indian Navy on 28.4.1955 and while serving as a Petty Officer (Electrical (Radio & Radar)), was released therefrom on 27.7.1966 consequent upon the expiry of engagement. The National Emergency was declared in the wake of Chinese aggression with effect from 26.10.1962 which lasted upto 10.1.1968. The petitioner had obviously served even during the emergency also from 27.10.1962 upto the date of his release i.e. 27.7.1966.

(2.) To give some concessions to Ex-servicemen who are released from the Army and join Government Service, Punjab Government framed rules in the year 1965 quoted above. These rules were later adopted by the State of Haryana and have amended the same from time to time to which reference would be made hereinafter. By these rules, apart from other benefits, Military service rendered during the period of Emergency is to be counted towards seniority in the Government service. When the rules were initially framed, the definition of Military service as given in Rule 2 of the Rules was as follows:-

(3.) By an amendment by the State of Haryana dated 9.8.1976, the definition of the expression military service was substituted. The amended definition of military service reads as under:-