CAPT GURDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this order, I propose to decide two connected Civil Writ Petition Nos.8168 of 1988 filed by Sham Lai Batra and 2521 of 1994 filed by Ex. Capt. Gurdev Singh. The dispute is primarily between Sham Lal Batra and Gurdev Singh with regard to their seniority in service. Whereas, Captain Gurdev Singh claims himself to be senior to Sham Lal Batra on the strength of military service that he rendered and which, as per Rules, gives him accelerated deemed date of appointment, Sham Lal Batra stakes his claim with regard to seniority on the dint of his more continuous service. The very basis, on which the two petitioners, one in C.W.P. No.8168 of 1988 and other in CWP No.2521 of 1994, have based their claim, would necessarily manifest that the only question that needs adjudication is as to whether Captain Gurdev Singh is entitled to the benefit of military service rendered by him said to be admissible to him under Punjab Government National Emergency (Concession) Rules, 1965. In fact, learned counsel for petitioner Sham Lal Batra could not dispute the right of Captain Gurdev Singh to the benefit of military service rendered by him but he endeavoured his best that Gurdev Singh should be denied that relief on the ground that for the said relief he staked his claim earlier in point of time trhrough another writ (bearing No3236 of 1979) which was dismissed by this Court on November 29, 1979. Brief facts giving rise to these two writ petitions need a mention.

(2.) Petitioner - Sham Lal Batra, an Executive Engineer in Mechanical Public Health Division employed with the Government of Haryana, joined the Mechanical Public Health Branch on August 6,1973 as an Assistant Engineer by direct recruitment through Haryana Public Service commission and got promotion as Executive Engineer (Mechanical) on April 3,1980 and he is since then continuing on the said post. He was confirmed in H.S.E. (II) (Mechanical Wing) on February 12, 1982 w.e.f. November 5, 1980. Services of both the petitioners are governed by Punjab Civil Service of Engineers Class-II Public Works Department (Public Health Branch) Rules, 1966. Rule 12 of the aforesaid Rules deals widi Seniority. The same reads thus:-

(3.) Inasmuch as the Government, even though Gurdev Singh had lost his cause before the High Court granted the benefit of military service to him, petitioner was issued a show cause on December 8, (sic). After show cause notice, when order, Annexure P-5, was passed, giving Gurdev Singh benefit of military service, present writ petition was filed.