SUBEDAR BRIJ BHUSHAN MEHTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, an ex serviceman, was appointed as a clerk in the office of the Divisional Forest Officer, Ambala Forest Division, Ambala City, in February, 1970. Later on, vide order dated December 19, 1979, the petitioner's pay was refuted by giving him the benefit of the military service. On August 7, 1980 the order granting the benefit to the petitioner was cancelled and an amount of Rs.7566.09 paise was ordered to be recovered from the petitioner. Aggrieved by this order, the petitioner has filed the present petition.

(2.) Mr. Rameshwar Sharma, learned counsel for the petitioner submits that the petitioner had rendered 'military service' as defined under the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter referred to as the 1965 Rules) and therefore, was entitled to the benefit of grant of increments for the period of service rendered by him from October 26, 1962 to January 10, 1968. On this premises, the learned counsel submits that the action of the respondents in refixing his pay vide order dated December 19,1979 was legal and valid. He further submits that the action of the respondents in withdrawing this benefit on account of the amendment of the provisions of Rules 2 and 4 vide notification under November 5, 1976 cannot be sustained.

(3.) On the other hand, Mr. Jaswant Singh contends that the petitioner had been released from the Army on compassionate grounds and therefore was not entitled to the benefit of the grant of increment under the 1965 Rules.