JAI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition is filed to quash the impugned order dated 1.3.1993 vide Annexure P-4 by which the petitioner has been denied the benefit of military service and to appoint him to the post of D.P.E. and for issuance of a direction to regularise his services with effect from 25.9.1975 and also to grant him the benefits of increments and seniority.

(2.) The petitioner joined the Army and he was disabled in the year 1965 during Indo-Pakistan war. On account of his disability, he was released from the Army on 23.4.1973 after putting in military service of 17 years. After the release from the Army, he graduated himself form the Panjab University in the year 1974 and he was appointed as Physical Training Instructor in the Education Department on 25.9.1975. According to the petitioner, he should have been appointed to the post of D.P.E. He further asserts that another person namely Joginder Singh who was similarly situated as the petitioner, was appointed to the post of D.P.E., but he was appointed as Physical Training Instructor. Therefore, the petitioner filed Civil Writ Petition No. 5674 of 1982 claiming that he should be appointed to the post of D.P.E. That writ petition was disposed of on 29.3.1993 with a direction to the Government to examine the case of Joginder Singh and in case Joginder Singh was found to be ineligible to hold the post of D.P.E., he should be reverted to the post of P.T.I. and if Joginder Singh was found to be eligible to hold the post of D.P.E. the petitioner should also be treated on the same footing. This order came to be passed in view of the statement of the learned Assistant Advocate General. Thereafter the Government examined the case of Joginder Singh and issued a notice to Joginder Singh why he should not be reverted to the post of P.T.I. as the Government found that he was not qualified to be appointed to the post of D.P.E. The said Joginder Singh challenged that notice in Civil Writ Petition No. 1360 of 1984 and obtained a stay order from this Court. As the petitioner was not given the post of D.P.E. though Joginder Singh was continuing in the post of D.P.E. he filed this writ petition inter alia seeking relief of his appointment as D.P.E. Simply because Joginder Singh was continuing in the service as D.P.E. because of the stay order granted by this Court in CWP No. 1360 of 1984, the petitioner cannot seek the relief to be appointed to the post of D.P.E. The Government in pursuance of the direction given by this Court in CWP No. 5674 of 1982 filed by the petitioner examined the case of the aforesaid Joginder Singh and found him to be ineligible. Therefore, the petitioner cannot have any grievance that he was not treated on par with Joginder Singh. In fact, the Government also issued notice to Joginder Singh why he should not be reverted. His reversion could not be effected because of the interim order passed by the this Court in CWP No. 1360 of 1984 filed by Joginder Singh. At this stage, it may also be pertinent to note that the writ petition filed by Joginder Singh bearing No. 1360 of 1984 stands dismissed for default and no application for restoration of the same has been filed. Therefore, the decision of the Government of revert Joginder Singh from the post of D.P.E. to the post of Physical Training Instructor stands. In this view of the matter, the petitioner cannot get the relief from this court directing the Government to appoint him to the post of D.P.E.

(3.) In this writ petition, the petitioner is also seeking the benefits of military service rendered by him under the Punjab Government National Emergency (Concession) Rules, 1965. Rule 4 of the said rules provides for the benefit of military service rendered by a person for the purpose of seniority, increments and pension. Admittedly, the petitioner rendered military service for a period of 17 years and comes within the purview of rule 4 of the Rules notified on 20th July, 1965. Rule 4 reads as follows :-