INDERJIT KAUSHIK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners are members of the Punjab State Civil Service (Judicial Bench). They inter alia pray for the issue of a writ of mandamus "directing the respondents to grant the benefit of military service in accordance with" the provisions contained in the Punjab Government National Emergency Rules, 1965 (hereinafter referred to as the 1965 Rules). They, consequently, claim that they are senior to respondent Nos. 3 to 70. A few facts may be noticed.

(2.) THE petitioners joined the Armed Forces of the Union during the operation of proclamation of Emergency made by the President on October 26, 1962. They were discharged/retired in the year 1979. During the course of their service, they qualified the LL.B examination through correspondence. On December 26, 1981, the Punjab Public Service Commission advertised 35 posts in the Punjab Civil Service (Judicial Branch). The applications had to be submitted by February 11, 1982. The petitioners applied for these posts. They qualified the written examination held in October, 1982. They were finally selected. While petitioner No. 1 was appointed on October 10, 1983, the remaining two petitioners were appointed on March 2, 1984. About three years after their recruitment, the petitioners submitted three separate representations for the grant of benefit of the service rendered by them during the 'emergency' for the purposes of seniority and pay. These representations were rejected and decision was conveyed to the petitioners through three separate letters dated August 9, 1988. They again submitted separate representations dated September 5, 1988 which were rejected vide order dated February 2, 1989. Aggrieved by the rejection of their representations, the petitioners have filed the present writ petition.

(3.) THE petitioners aver that Proclamation regarding Emergency had been issued on two occasions. Firstly, in pursuance to the Chinese Aggression, National Emergency had been proclaimed on October 26, 1962. This proclamation had remained in force till January 6, 1968. Secondly, after war with Pakistan, National Emergency was declared on December 3, 1975 which remained in force till March 27, 1976. The petitioners claim that in spite of the fact that the 1965 Rules had been repealed by the Punjab Recruitment of Ex -Servicemen Rules, 1982 (hereinafter referred to as the 1982 Rules), the benefits of military service rendered during the operation of the proclamation of emergency, regarding the fixation of their seniority and pay which had accrued to them under the 1965 Rules are protected by the saving clause contained in Rule 9(3) and, thus, their representations have been wrongly rejected by the respondents. They further aver that similar benefits have been granted to various other officers like Mr. A.S. Sodhi etc. and as such, the action of the respondents in denying these benefits to the petitioners is wholly illegal. It has also been averred that while advertising posts on December 20, 1981, the last date for submission of applications was fixed as February 11, 1982. The 1982 Rules were promulgated with effect from February 12, 1982. According to the petitioners, "the choosing of the last date regarding the submission of applications clearly indicates that the intention of the authorities was that 1982 Rules are not applied in the case of the posts advertised." On these premises, the petitioners pray for the quashing of the order rejecting their representations and for the issue of an appropriate writ and direction to the respondents to treat them as senior in the service to the private respondents. They also claim the benefits regarding pay and arrears of salary.