AJMER SINGH RANDHAWA Vs. PUNJAB STATE AND ANOTHER

JUDGEMENT

(1.) This is plaintiff's second appeal. Plaintiff filed suit to the effect that order dated 12.10.1984 passed by the Director, Sports, Punjab, Chandigarh, rejecting his claim for counting his military service (Naval) from 26.10.1962 to 10.11.1968 i.e. 5 years 2 months and 16 days towards his seniority, increments and fixation of pay in the new scales being illegal and arbitrary. In the suit, he also made a prayer that the plaintiff is entitled to count his military service rendered by him during emergency as envisaged in rule 4 of the Punjab Government National Emergency (Concession) Rules, 1965. Both the Courts below dismissed the suit of the plaintiff relying on the judgment of the Apex Court reported in 1991(4) Labour Industrial Cases 683.

(2.) Learned counsel for the appellant has contended that the judgments of the Courts below cannot be sustained in view of Division Bench judgment of this Court reported in 1995(1) R.S.J. 431.

(3.) In answer to these submissions, Mr. Bhanot submitted that the petitioner does not fall under the definition of 'Ex-serviceman' as provided under the 1965 Rules as emended on 30.10.1994 His precise submission is that the petitioner has not been released or discharged from the Army but he had left the service of his own.