LAWS(P&H)-2015-10-65

SUKHDEV SINGH Vs. STATE OF PUNJAB AND ORS.

Decided On October 16, 2015
SUKHDEV SINGH Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) This judgment of mine shall dispose of Civil Writ Petition Nos. 2102 of 2001, CWP No. 10622 of 2008, COCP No. 876 of 2013 and COCP No. 2106 of 2009 filed by Sh. Sukhdev Singh.

(2.) THE synoptical resumption of factual position is that the petitioner had joined the Indian Army on 19.01.1963 and took part in the War of 1965, 1971 and served upto 01.11.1978 when he was boarded due to the disability on account of injury which the petitioner suffered during the 1971 war.

(3.) THE petitioner was not granted the benefit of Army services rendered by him during the emergency period for the purpose of seniority, promotion, increments and was also deprived of the seniority for which he was entitled under the De Mobilized Armed Forces Personnel (Reservation of vacancies in the Punjab State Non Technical Services) Rules, 1968. The petitioner feeling aggrieved approached this Court by filing CWP No. 1257 of 1986 titled as Sukhdev Singh v. State of Punjab and the said writ petition was allowed vide order dated 04.02.1988, wherein this Court had directed that the services of the petitioner may be regularized as Clerk by taking the date of his entry into service on 19.01.1963 and to maintain the continuity of his service from the said date onwards for the purpose of increments, fixation of pay and by treating him on duty from 20.04.1984 to 19.06.1985 and further the Military Service rendered by the petitioner during the emergency period from 19.01.1963 to 10.01.1968 and from 03.12.1971 to 25.03.1997 and also grant the petitioner handicapped allowances which were permissible to the handicapped employees of the Punjab Government as per Rules and assign the benefit of seniority as Clerk from his entry into service and also the benefits of promotion on the basis of his length of service and also to deliver all his documents relating to Military Service, Pension, Bank Passbook which were in the custody of the respondents and the said observation made by this Court was to be complied with within a period of three months from the date of passing of the order.