LAWS(P&H)-2006-5-501

INDERJIT SHARMA Vs. STATE OF PUNJAB AND ANOTHER

Decided On May 17, 2006
INDERJIT SHARMA Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Petitioner was enrolled in the Indian Army as a Naik on 11.8.1965 during the period of proclamation of National Emergency declared by the President of India. He was discharged after serving the Army for 8 years on 3.7.1973. The petitioner, thus served during the period of Emergency from 11.8.1965 upto 10.1.1968. After his discharge from the Army, he joined civil service as a Clerk in the Sessions Division, Faridkot on 15.3.1974. He was promoted as an Assistant Reader in December, 1977 and retired on 31.5.2002 on attaining the age of superannuation.

(2.) The petitioner has attached with the writ petition an undated representation said to have been made to the District and Sessions Judge, Faridkot claiming the benefit of military service towards his increments, seniority and pension. He thereafter claimed to have submitted a legal notice on 22.9.2002 which is attached with the writ petition as Annexure P-2. The petitioner states that having failed to get the benefit from the respondents, he filed the present writ petition in April, 2004 claiming that the benefit of military service should be granted to him towards his increments and pension.

(3.) A written statement has been filed by the District and Sessions Judge, Faridkot. It has been stated therein that the petitioner had made a representation on 23.10.1978 claiming the benefit of military service towards increments and seniority. The said claim of the petitioner had been rejected by an order dated 29.3.1979. Thereafter he had made another representation on 8.4.1979 again claiming the same benefit. On receipt of this representation, by a letter dated 3.11.1989 he was directed to intimate the respondents if he had filed any representation against the refusal of these benefits on 21.3.1979. The petitioner did not respond to this letter and, therefore, the papers were ordered to be filed.