APAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has sought a mandate to the respondents to grant him the benefit of military service rendered by him during the period of Emergency, i.e. with effect from October 16, 1965 to January 1, 1968, towards grant of increments, pay fixation, senility and other benefits, in this petition under Articles 226/227 of the Constitution of India.

(2.) The petitioner says that he was enrolled during the emergency period and he rendered service with effect from October 16, 1965 to October 23, 1973. The plea that he rendered military service from October 16, 1965 to January 10, 1968 during the Emergency has not been controverted by the respondents. An inference can be drawn that the plea was admitted to be correct.

(3.) The claim of the petitioner has been disputed by the respondents on the ground that he was released from the Army on compassionate grounds and that the Department sought advice from the Financial Commissioner and Secretary to Government Haryana, Irrigation Department. The Financial Commissioner vide letter dated June 25, 1990 informed the Engineer-in-Chief, Irrigation Department, Haryana, that the petitioner could not be granted the benefit of military service while he is in the civil service.