(1.) In this writ petition, the precise grievance of the petitioner-Dr. R.K. Bahl, as canvassed by his counsel is that the petitioner was not a party in writ petition No. 3024 of 1988 filed by Shri K.S. Gill, decided on March 2, 1990 in which the benefit of military service was given to the petitioner.
(2.) The facts, which led to the filing of the present writ petition are that Dr. R.K. Bahl joined the Punjab Education Department in the year 1961 as Lecturer which was a class-III post at that time. The petitioner, respondent No. 2 and two other persons were selected and appointed as Principals vide order dated 28.5.1981. The petitioner was selected as a general category candidate, whereas respondent No. 2 was selected against a post meant for the Ex-servicemen. The inter se seniority of the petitioner and respondent No. 2 was fixed in accordance with their selection. In the gradation/seniority list of Punjab Education Service Class-I (College Cadre) Officers, the petitioner was shown at Sr. No. 6 while respondent No. 2 at Sr. No. 8. Copy of the Gradation List/Seniority List is Annexure P-1 to the writ petition.
(3.) After joining as Principal, respondent (sic) of benefit of military service rendered by him from October 10, 1963 to January 10, 1968 (the date on which the Emergency came to an end) towards, pay and seniority in the rank of Principal. This representation was followed by a reminder dated 6th October, 1983 and another self-contained reminder dated 16th April, 1985, but the same was rejected on 2nd July, 1987 on the ground that the benefit had already been given to him by recruiting him as Principal against a post reserved for ex-servicemen and the seniority could not be assigned to him from a date prior to the date of his appointment. However, the claim of respondent No. 2 was rejected. Feeling aggrieved against the order of rejection, respondent No. 2 filed Civil Writ Petition No. 3024 of 1988. This Court, vide its judgment dated March 2, 1990 while allowing the petition directed the respondent-State to grant the benefit of Military Service rendered by the petitioner towards his pay, increments, seniority and pension etc. under Rule 4 of the Punjab Government National Emergency (Concession) Rules, 1965 . The State of Punjab had preferred LPA No. 964 of 1990 against the said judgment which was also dismissed on 31.7.1990.