JAGDISH CHAND Vs. HARYANA STATE

JUDGEMENT

(1.) This regular second appeal has been preferred by the plaintiff whose suit for declaration to the effect that he is entitled for the benefit of military service in the civil employment, has been dismissed by both the courts.

(2.) It is an admitted fact that the appellant joined the Indian Army on 26.3.1951 for a career and served upto 21.12.1972 when he was retired on completion of the requisite length of service. During the interregnum, the appellant participated in Indo-China war (1962) and Indo-Pak war (1965). The appellant, having rendered service during the aforesaid two emergencies, claimed the benefit of military service in civil employment.

(3.) The question as to whether the benefit of military service rendered during 'emergency period' is admissible to those who joined the R.S.A. No.2307 of 2004 -: 2 :- army as a career, or is restricted to those who joined the army at the need of the hour, namely, when emergency was declared, is no longer res-integra. Their Lordships of the Supreme Court in Dhan Singh & Ors. v. State of Haryana & Ors , 1991(1) PLR 658 have held that the benefit of military service rendered during the emergency period is admissible to those only who joined the army during the emergency period. In view of the aforesaid binding verdict, no relief can be granted to the appellant. Dismissed.