SATYA PRAKASH CHANDELAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners in this case were all enrolled in the Army prior to the proclamation of emergency in the country on October 26, 1962. They were discharged from the Army on completion of their tenure of service between the period 1976 to 1981. Thereafter, they joined service in the Zile Sainik Board, Ambala between the period 1982 to 1983. The petitioners claimed benefit of military service rendered by them during the period of emergency i.e. from October 26,1962 to January 10,1968 towards increments, seniority, pension etc. under Rule 4 of the Punjab National Emergency (Concession) Rules, 1965 (as applicable to the State of Haryana). This benefit having been denied to the petitioners, they filed the present writ petition.

(2.) It may be observed here that the Haryana Government amended the definition of 'Military Service' as provided under Rule 2 of the aforesaid Rules on 4.8.1976. This amendment was to the effect that benefit of military service under the aforesaid Rules would only be granted to those persons who had joined the armed forces during the period of emergency and not to those who might have joined armed forces prior to the proclamation of emergency. This amendment was made effective retrospectively i.e. from November 1, 1966. The vires of this amendment were made a subject-matter of challenge in the Apex Court in K.C. Arora's case reported as K C ARORA, EX-CAPT V/S STATE OF HARYANA, 1984 2 SLR 97and lateron the matter came up for consideration in Dhan Singh's case reported as DHAN SINGH V/S STATE OF HARYANA, 1991 1 SLR 200. The Apex Court upheld the amendment, but held that it cannot be made applicable retrospectively; meaning thereby that those persons, who might have joined the civil service in the State of Haryana after being discharged from the armed forces prior to the date of amendment i.e. August 94, 1976, the benefit of military service would be given to them irrespectively of the fact whether they had joined the armed forces prior to the declaration of emergency or during the period of emergency. However those persons who got the employment in the Haryana Govt, after the date of amendment i.e. August 04,1976 to them the amended definition to the 'military service' would apply i.e. if a person had not joined the Armed forces during the period of emergency, no benefit of military service under the aforesaid rules was to be given to him.

(3.) In view of the judgments, referred to above, the petitioners having joined the army prior to the declaration of emergency and having joined the Zila Sainik Board after August 04,1976, they would not be entitled to the benefit of military service as claimed by them.