MODAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has sought the quashing of impugned order dated 29.5.1995 Annexure P4 rejecting his representation to grant benefit of military service towards seniority rendered by the petitioners during national emergency in the war with China in 1962 and in 1965 in the war with Pakistan.

(2.) Petitioner joined as Wireless Constable in the Army w.e.f. 8.7.1963. Petitioner was discharged from service at his own request on 10.1.1970. He joined as Wireless Constable with the respondents aft erhis release from the Army w.e.f. 16.4.1971. Petitioner is at present working as Sub Inspector at Police Radio Station, Jagraon.

(3.) For those who served the country at the call of nation during the Chinese aggression and Indo-Pak War in 1962 and 1965 respectively, certain concessions were granted after their discharge from military service by the State of Punjab by framing Rules called as Punjab Govt. National Emergency (Concession) Rules, 1965 (hereinafter referred to as the 1965 Rules). These concessions were granted towards increments, seniority and pension. Petitioner applied to the respondents for grant of benefit of military service rendered during the operation of emergency towards increments, seniority and pensionary benefits in 1986. Petitioner was granted benefits of military service towards increment and pension vide order dated 12.9.1987. Since petitioner was not granted the benefit towards seniority, representations were filed by him seeking relief for seniority in terms of the 1965 Rules. Petitioner was asked to supply the original discharge certificate which was supplied by the petitioner. Since petitioner was discharged from the military service at his own risk on compassionate grounds, the relief claimed by the petitioner for benefit towards seniority was declined aggrieved against which the present writ petition has been filed.