MAHAVIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of mandamus directing the respondents to give him the benefit of army service rendered by him towards pay, seniority and further promotion etc. A few facts may be noticed.

(2.) The petitioner joined the Indian Army as a Sepoy on January 3, 1964. On February 1, 1979, the petitioner retired from the Indian Army. He was thereafter selected for appointment as a Havaidar Instructor in the Haryana Home Guards. In pursuance to an offer of appointment made to him vide letter dated November 9, 1979, the petitioner actually joined as such on November 19, 1979.

(3.) In the Punjab State as it existed prior to November 1, 1966, rules had been framed under Articles 309 of the Constitution of India for the grant of various benefits to the persons, who had served during the operation of national emergency. These rales are called 'The Punjab National Emergency Concession Rules, 1965'. Under these rules, the period of service rendered by a person during the operation of emergency viz. from October 26, 1962 to January 10, 1968, was to be counted towards the fixation of seniority and pay etc. The petitioner claimed these benefits. Vide order dated May 21, 1986, the respondents decided to give the petitioner the benefit of the service rendered by him during the period of emergency from January 3, 1964 to January 10,1968, viz. four years and seven days towards the fixation of his seniority. However, in spite of the issue of the order, the consequential benefits were not given to him. The petitioner represented and having failed to get the desired benefits, he has approached this Court through the present writ petition.