KARAM SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) By this judgment dispose of two C.W.P. Nos. 4442 and Gian Singh, petitioner of C.W.P No. 4443 of 1993 as common question of law is involved in both the writ petitions.

(2.) Sarvshri Karam Singh petitioner of C.W.P. No. 4442 of 1993 filed separate writ petitions of C.W.P. No. 4443 of 1993 filed separate writ petitions under Article 226/227 of the Constitution of India for the issuance of directions in the nature of mandamus directing the respondents to grant the benefits of military service rendered by them in accordance with. Rule 4 of the Punjab Government National Emergency Concession Rules, 1965 and according to the instructions of the Punjab Government issued from time to time and adopted by the Punjab State Electricity Board (hereinafter called 'the Board') with other consequential reliefs.

(3.) The case set up by the petitioners is that they are the ex-servicemen having served the armed forces of the Union of India and thereafter they were reemployed in the Punjab State Electricity Board which is a statutory body and is an instrumentality of the State. On account of the external aggression during the year 1962, emergency was declared by the Government of India under Article 352 of the Constitution of India and various concessions were announced by way of Administrative Instructions for the youngmen joining the Armed Forces. Later on these were given in the shape of the Punjab Government 'National Emergency Concession Rules, 1965 (hereinafter called as 'Emergency Rules, 1965'). In para No. 3 of the writ petition the relevant portions of the Rules have been incorporated. Accordingly to the petitioners these rules and instructions bad been adopted by the Board in the matter of benefits to the ex-Military persornel in terms of the Board endorsement dated 13.12.1971. From the Emergency Rules, 1965, regarding which I have just made a reference, it becomes clear that a person who has rendered military service during the Emergency is entitled to the period of Military Service to be counted towards increments, seniority and pension in Civil Employment. Karam Singh petitioner states that he served the Armed Forces of the Government of India as Havildar from 20.8.1952 to 27.8.1972 for a total period of 20 years, 7 days, including the emergency period of 1965 i.e., from 26.10.1962 to 10.1.1968 which comes to 5 years, 2 months and 14 days. He was granted service pension for service in the Armed Forces. Thereafter, he was appointed as Security Guard in the Board oh 18.5.1975 against the post reserved for ex-serviceman in the pay scale of Rs. 125-150 per month and remained posted at various places and was promoted as Assistant Security Inspector on 13.11.1987 and was confirmed in August, 1991.