HIRA SINGH YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India raises a limited controversy with regard to the interpretation of Rule 4 of the Punjab Government National Emergency Concession Rules, 1964 , hereinafter referred to as the Rules. Rule 4 of the said Rules reads as under :-

(2.) The petitioner was born on 2.31949 and had joined the Navy on 14.12,1964. He continued to serve in the Navy upto 30.4,1981 and thereafter was appointed as Assistant Superintendent Jail upon his selection to the said post, be joined the department on 14.12.1983. The only date relevant is the date when the petitioner attained the age of 21 years which is the minimum age required for appointment as Assistant Superintendent of Jail The petitioner became 21 years old on 2.3.1970. There is no dispute to the fact that the benefit of emergency services which the petitioner is claiming in the writ petition was for the period commencing from 14.12.1964 to 10.1.1968. On these basis the learned counsel for the respondents has submitted that the petitioner is not entitled to get benefit of Rule 4 of the said Rules because when the period of emergency services ended, the petitioner had not attained the age of 21 years as is clear from the above mentioned facts. This position is not disputed, very fairly, by the learned counsel for the petitioner.

(3.) In the facts and circumstances of this case and following the decision of this Court in the case of Captain Lokinder Singh Chaudhary vs. State of Haryana,1989 6 SLR 187,1 hold that the petitioner was not entitled to get the benefit of the services rendered by him in Navy during emergency period because he was not fulfilling the basic requirement, that is the qualifying age of 21 years on the date when the benefit of such services ceased to exist i.e. 10.1.1968.