AMARJIT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Impugned in the present regular second appeal is the judgment and decree dated 15.06.2010 passed by learned Addl. District Judge, Gurdaspur, reversing the judgment and decree dated 28.08.2004 passed by learned Civil Judge (Jr. Divn.), Batala and dismissing the suit of the plaintiff with costs whereas, learned Civil Judge (Jr. Divn.), Batala had decreed the suit of the plaintiff and granted declaration in favour of the plaintiff, that he shall be entitled to the increments in accordance with the Rules for the period of service rendered by him during the proclamation of emergency. The defendants were directed to compute the benefits in accordance with the observations of the lower court for the purpose of adding the increments, which the plaintiff would have been entitled to and for the consequential benefits in terms of pension, if granted, no such increments, affects his pension.

(2.) It is also not disputed that the President of India had proclaimed National Emergency in India under Article 352 of the Constitution of India from 26.10.1962 to 10.01.1968 on account of Chinese Aggression. The question involved is as to whether the plaintiff, who had joined the service before proclamation of Emergency, is entitled to the benefits of service during the period in which the Emergency remained in proclamation?

(3.) The law point has been settled by this Court in case of "The State of Punjab and others vs Malkiat Singh" passed in LPA No.306 of 1997, decided on 27.08.2010, in which the Division Bench of this Court took the view that even if the petitioner had joined the armed forces prior to the declaration of Emergency, he would also be entitled to the benefits of military service rendered during the period of Emergency in accordance with Rule 4 of the Punjab Government National Emergeny (Concession) Rules 1965. It has been observed as under: