HAVILDAR AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was enrolled in the Indian Army on 18.12.1962, during the subsistence of the first national emergency. In this behalf, it would be pertinent to mention, that the first national emergency was declared by the President of India, on 26.10.1962, and further, that the said emergency came to be lifted on 9.1.1968. The petitioner was discharged from service on completion of the term of his employment, on 31.7.1978. Immediately, on his release from the Armed Forces, he enrolled himself with the employment exchange, whereafter, he came to be selected and appointed as a Patwari in the Revenue Department of the State government, on 14.1.1982.

(2.) Having rendered service in the Indian Army from 1962 to 1978, the petitioner continued to press his claim for grant of increments and seniority, under the provisions of the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter referred to as the 1965 Rules). Since the claim raised by the petitioner did not bear fruit, he approached this Court by filing Civil Writ Petition No.18185 of 2004. The aforesaid writ petition came to be disposed of by this Court with a direction to the Deputy Commissioner, Ludhiana, to take a final decision on the legal noticed submitted by the petitioner (wherein, he had agitated the aforesaid claim), by passing a well reasoned speaking order. In compliance with the directions issued by this Court, the Deputy Commissioner, Ludhiana, passed an order dated 28.1.2005, rejecting the claim of the petitioner.

(3.) It is not a matter of dispute, that the present controversy is to be adjudicated in terms of Rule 4 of the 1965 Rules, which not only deals with increments and seniority, but also, pension on account of military service rendered by an employee, prior to his civil employment. Rule 4 of the 1965 Rules, is accordingly, being extracted hereunder:- "4. Increments, seniority and pension:- Period of military service shall count for increments, seniority and pension as under:-