RAJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The admitted facts of the case are that the petitioner had served the Indian Army with effect from 26.10.1954 to 9.6.1967. After his discharge from the Army, the petitioner joined the Transport Department, Haryana as Service Station Incharge on 27.10.1969. In due course he was promoted as a Foreman with effect from 13.10.1979 and was further promoted as Works Manager, though in the pay scale of Foreman, with effect from 31.7.1968.

(2.) Under the Punjab National Emergency Rules, 1965, the petitioner was given the benefit of his military service vide order dated 8.12.1988 (Annexure P-2). Consequently his assumed date of appointment as Service Station Incharge was given as 14.3.1965 and his assumed date of promotion as Foreman was given as 24.7.1968.

(3.) One Sh. Varinder Singh Joon who had also served the Indian Navy, on his discharge, joined the Transport Department, Haryana as Service Station Incharge on 18.6.1971 and was promoted as Foreman on 13.8.1979 By giving him the benefit of military service his assumed dates of appointment as Service Station Incharge and as Foreman were given as 13.3.1967 and 24.10.1969 respectively. By giving the assumed date to Sh. Varinder Singh Joon he became senior to one Sh. Sultan Singh, Foreman. Said Sh. Sultan Singh had been promoted as Works Manager with effect from 21.10.1969. Sh. Varinder Singh Joon claimed that since he had become senior to Sh. Sultan Singh, he should be promoted prior to said Sh. Sultan Singh. Since this had not been acceded to, Sh. Varinder Singh Joon filed a Civil Writ Petition No. 5974 of 1985 in this Court which was decided in his favour on Jan. 7, 1988 and the respondents were directed to promote him as Works Manager with effect from the date his junior Sh. Sultan Singh had been so promoted.