BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) (ORAL)

(2.) IT is admitted position that the petitioner has joined Indian Army as Surveyor on December 26, 1958 and continued to serve till he got retirement on compassionate ground on August 28, 1966. The claim made in the petition is for consideration of the aforementioned period as qualifying service for the purpose of pension and other retiral benefits to the civil service which the petitioner has rendered after his retirement in 1966. C.W.P. No. 7858 of 2006 We have considered the submission made by the learned counsel and find that the petitioner has not joined the Indian Army on the call of the nation during the period of emergency between October 26, 1962 to January 10, 1968. He has preferred the army as a career, and therefore, the definition of expression 'military service' in Rule 2 of the Punjab Government National Emergency (Concession) Rules, 1965, would not be attracted to the facts of the present case. In that regard, reliance may be placed on the judgment of the Hon'ble Supreme Court in Dhan Singh and others v. State of Haryana and others, AIR 1991 SC 1047. Dismissed.