GURCHARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of this application the petitioner prays that he may be permitted to place on record orders Annexures A-1 and A-2 and that this writ petition may be decided in terms of the said orders. The application is allowed. Orders Annexures A-1 and A-2 are permitted to be placed on record. Counsel for the parties are agreed that this writ petition be taken up for hearing today.

(2.) The petitioner joined civil service in the State of Haryana after having rendered service in the Army from April, 1956 to November, 1973. He had claimed the benefit of the Army service rendered by him during the proclamation of National Emergency towards his civil employment. When the same was not granted, he filed Civil Writ Petition No. 2688 of 1985. The said writ petition was decided on February 21, 1989 along with a Bunch of other writ petitions and the main judgment was rendered in Civil Writ Petition No. 2625 of 1985. The directions given in that case are as hereunder: Since the Government itself have decided to give benefit of military service to all those persons who had served the Army during emergency with regard to grant of increments, seniority, pension and gratuity etc. I see no reason as to why the benefit of the decision could not be given to the petitioners as well. The respondents are, therefore, directed to give benefit of military service to the petitioners for the period from 26.10.1962 to 10.1.1968 within three months from today. In the circumstances of the case, the respondents are further directed to prepare afresh the seniority list after giving benefit of military service to the petitioners and the seniority list already prepared without giving such benefits to the petitioners is quashed. With these observations, this writ petition is allowed. Costs. Sd/-xx Amarjeet Chaudhary February 21, 1989. Judge.

(3.) Against the decision in these cases, the State Government filed Letters Patent Appeals. Letters Patent Appeals filed in the year 1989 came up for hearing on 4.4.2006 on which date they were decided with the following order: HARJIT SINGH BEDI, J. (ORAL) This order will dispose of Letters Patent Appeal Nos. 1429 of 1989 (State of Haryana v. Sushil Kumar etc.), 1430 of 1989 (State of Haryana v. Ishwar Singh Kadian etc.), 1431 of 1989 (State of Haryana v. Dalel Singh), 1432 of 1989 (State of Haryana v. Ravi Parkash), 1433 of 1989 (State of Haryana v. Tej Ram Sharma and Ors.), 2202 of 1989 (The Financial Commissioner and Anr. v. Risal Singh), 2275 of 1989 (State of Haryana and Ors. v. Sube Singh and Ors.), 2087 of 1989 (State of Haryana v. Ram Kishan (Dahiya) and 2079 of 1989 (State of Haryana v. Manohar Singh Malia and Ors.). Mr.Anmol Rattan Sidhu, on instructions from Mr. Vijender Singh, A.D.A. very fairly states that during the pendency of these appeals, which had been filed way back in 1989, the effected respondents have either retired or have died in the meanwhile. He has informs us that as no stay had been granted in these appeals filed by the State of Haryana, all benefits consequent to the judgment of the learned Single Judge had been released to all the private respondents except in L.P.A. No. 1431 of 1989 and L.P.A. No. 2087 of 1989. We, therefore, without going into the merits of the controversy, dismiss the present set of appeals on account of their peculiar facts. Sd/- H.S. Bedi, Judge Sd/- R.S. Madan, Judge. April 04, 2006.