SURINDER PAL SINGH CHAUHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who had served the country between 16.3.1964 and 29.8.1983 has been compelled to file this petition seeking benefit of service rendered by him during emergency for the purpose of determination of seniority because of the failure of the respondents to apply the provisions of law, as interpreted by the Supreme Court, in their correct prospective. In the petition, the petitoner has prayed for issue of a writ of mandamus to the respondents to court the military service rendered by him during national emergency for seniority and other benefits.

(2.) As already mentioned, the petitioner served the Indian Air Force from 16.3.1964 to 29.8.1983. After his discharge from the Indian Air Force, he was appointed as Maths master with effect from 29.9.1983 in the Education Department of the Government of Haryana. He made representation to the departmental authorities for grant of benefit of military service in accordance with Rule 2 read with Rule 4 of the Punjab Government National Emergency (Concession) Rules, 1965 , which have been adopted by the Goernment of Haryana. Representation made by the petitioner has been rejected by the Director, Secondary Education, Haryana, and his decision has been conveyed to the District Education Officer, Gurgaon, vide letter dated 4.8.1992 (Annexure P-5). The petitioner has challenged this decision of respondent No.2 on the ground that it is contrary to the Rules of 1965, and is otherwise arbitrary also.

(3.) In their written statement, the respondents have admitted the statement of the petitioner that he had served the Indian Air Force from 16.3.1964 to 29.8.1983 and joined service of the Government of Haryana on 29.9.1983. However, they have relied on notification (Annexure - 1) dated 5.11.1976 whereby Rules of 1965 were amended so as to deny the benefit of military service to a person who has been released from the military service on compassionate grounds. The case of respondents is that the petitioner was released from the military service on 29.8.1983 on compassionate grounds and, therefore he is not entitled to the grant of benefit of military service for the purpose of seniority etc.