DEV DUTT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner joined military service on 3.9.1963 and was discharged on 26.5.1970. On 27.8.1975, petitioner joined Police Telecommunication, Punjab, as a Constable. On 16.12.1984, petitioner applied to the Director, Police Telecommunication, Punjab, for giving him the benefit of military service in terms of the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter referred to as 'the 1965 Rules'). Petitioner claimed that he be given increments for the period spent by him in military service as well as extend the said benefits towards seniority and pension.

(2.) Military service has been defined to be service rendered by a person during emergency. Emergency in the country was imposed on 26.10.1962 and was lifted on 10.1.1968. Petitioner, thus, will be entitled to a total period of 4 years 4 months and 7 days as the period spent on military service during emergency from the date of his joining service till the lifting of the emergency in the country.

(3.) The request made by the petitioner'was not acceded to by the respondents on the ground that there was a gap of more than three years between the date of his discharge from the military service and his joining the Police Telecommunication, Punjab. For this reliance was placed on Sub-Rule 3 Rule 4 of the 1965 Rules, which reads as under--