JANGIR SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner was enrolled in the Army as a Sepoy on March 8, 1961. He was discharged from the Army on April 1,1976, and while in the Army, he was awarded Sangram Medal, Pachmi Star, Samar Sevi Star 1965, Raksha Medal 1965 and Sena Sewa Medal. After the release from the Army, he was employed as Security Guard in the Punjab State Electricity Board (in short' the Board) on February 28, 1979. The Punjab Government had framed Rules known as Punjab Government National Emergency (Concession) Rules, 1965, whereby the persons, who were employed in the Army and had worked during the Emergency from October 26, 1962, to January 10, 1968, and joined Civil Service thereafter were to be given certain benefits of Military Service during the Emergency for purpose of seniority, pay fixation etc. These Rules had been adopted by the Board. The period, as observed above, for which the benefit of Military Service was to be given is not the entire Military Service but only which is rendered during the period of Emergency.

(2.) The petitioner represented to the Board for the grant of Military Service benefits. However, the same was rejected vide the impugned order dated April 7, 1995, on the ground that as per the Board instructions dated April 21,1987, benefit of Military Service is to be given to only those employees who were recruited in the Military Service during the Emergency i.e. from October 26, 1962, to January 10, 1968, and not to the persons who were employed in the Military Service prior to October 26, 1962.

(3.) The instructions dated April 21,1987, (Annexure P-8) were issued m view of the judgment of the Supreme Court dated April 10,1986, reported as Ex Capt. A.S. Parmar and others vs. State of Haryana and others, 1986 AIR(SC) 1183 which judgment was given when a review petition was filed against the judgment dated April 26, 1984, reported as Ex. Capt. K.C. Arora and another vs. State of Haryana and others, 1987 AIR(SC) 1858