GURBACHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner joined the Army on 11/4/1961. After 15 years of service, he was discharged on 2/7/1976. It is the petitioner's own case in the writ petition that on discharge he was in receipt of pension from the army authorities. After his discharge from the military service, he was appointed as Clerk on regular basis in the office of Superintending Engineer, Sutluj Yamuna Link Circle vide appointment letter dated 14/2/1977. As per the petitioner's discharge certificate his date of birth is 8/5/1943. Resultantly, by now he would have retired on attaining the age of superannuation on 31/5/2001. In accordance with Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter to be referred as `1965 Rules') duly adopted by the State of Haryana, the petitioner was allowed the benefit of military service rendered by him from 11/4/1961 to 2/7/1976 towards his increments. His pay was accordingly fixed.

(2.) This benefit of military service granted to the petitioner was withdrawn by an order dated 10/4/1985 in view of certain clarifications issued by the State of Haryana. Petitioner claims that he made a representation against this illegal withdrawal and as a result of that the benefit of military service was restored to him vide another order dated 25/7/1985. After about two years, however, the benefit of military service was again withdrawn by an order dated 12/1/1987 by the Executive Engineer in view of the directions conveyed to him by the Superintending Engineer.

(3.) Petitioner has filed this writ petition claiming that having served in the Army, he is entitled to the benefit of military service under the 1965 Rules. He further prays that in any case the benefit which has once been conferred upon him should not be withdrawn without affording an opportunity of showing cause to thepetitioner. Respondents have filed a reply contesting the writ petition. It has been stated on the strength of documents attached as Annexures R-1 to R-IV that in the case of an Ex-serviceman who joins Government service after 4.8.1976, the benefit of military service would only be available if he was enrolled in the Army during the period of proclamation of National Emergency (from 26.10.1962 to 10.1.1968) only. Since the petitioner had joined the Army prior to the proclamation of National Emergency on 11.4.1961 and he joined civil employment on 14.2.1977, he is not entitled to the benefit of Military service towards increments, seniority or pension under the 1965 Rules. It is therefore contended that the benefit was granted erroneously and had been rightly withdrawn. I have heard counsel for the parties and perused the paperbook. Mr.Suresh Monga, learned Senior Deputy Advocate General, Haryana appearing for the respondents explained the action of the respondent-State in withdrawing the benefit of Military service to the petitioner by stating that by a notification dated 9.8.1976, the definition of `Military Service' was amended. By virtue of the amended definition only such a person who was enrolled or commissioned during the proclamation of National Emergency was entitled to get benefits under 1965 Rules. Still further even for such a person the benefit was restricted only to the period of service rendered by him during the Emergency.