NARINDER NATH SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner joined as Airman in the Indian Air Force on 12th June, 1956, and served upto 12th Aug., 1974. During his service span of more than 18 years, Emergency had been proclaimed twice due to war and external aggression for the first time on 26th Oct., 1962, and for the second time on 3rd Dec., 1971. It was on 12th Aug., 1974, that the petitioner was discharged from service due to disability. Thereafter, the petitioner was appointed in civil employment in the State of Punjab as Sub Inspector, Food and Supplies, on 13 May, 1975, on ad hoc basis, in the first instance, and his services were later regularised on 2nd July, 1985, with effect from 1st Oct., 1980. The grievance of the petitioner, however, is that in pursuance of the instructions dated 3rd May, 1977, the employees who had put in one year's service were entitled to have their services regularised and, therefore, the services of the petitioner should also have been regularised as such with effect from 1st April, 1977, instead of lst Oct., 1980, and on that basis he was entitled to the benefit of entire military service towards seniority, promotion, pension, etc., that is, during the first Emergency period from 26th Oct., 1962 to 9th Jan., 1968, and during the second Emergency when it was proclaimed on 3rd Dec., 1971, upto 12th Aug., 1974, when he was discharged from the military service.

(2.) In the written statement, it has been pleaded that after the discharge from military service, the petitioner was not appointed in civil employment against a reserved vacancy and had been appointed only on ad hoc basis, and that the benefit of entire military service rendered by him could not be granted to him, that is, for both the periods from 26th Oct., 1962 to 9th Jan., 1968 and from 3rd Dec., 1971 to 12th Aug., 1974, the date of discharge of the petitioner. It has also been pleaded that the Demobilized Armed Forces Personnel (Reservation of Vacancies in the Punjab State Non- Technical Services) Rules, 1968, were not applicable to the petitioner. As such, he could not be granted the benefit of seniority on the basis thereof, and also for the reason that the petitioner had qualified the departmental test in Punjabi after 1st April, 1977, and his services could only be regularised with effect from 1st Oct., 1980, and not with effect from 1st April, 1977,

(3.) After hearing the learned counsel for the parties and having gone through the relevant record we find that the claim of the petitioner is meritorious and the stand taken by the respondents is wholly untenable in law. The matter, in fact, is squarely covered by the Single Bench decision of this Court in Amar Singh Vs. Secretary to Punjab Government, Soil Conservation, etc., 1984(1) SLR 31, which was cited by the learned counsel for the petitioner at the time of the admission of the writ petition. The Motion Bench, while admitted the writ petition to D.B., passed the following order on 29th Nov., 1988:-