K. C. ARORA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition for issue of a mandamus to the respondents to promote the petitioner as Executive Engineer, Public Works Department with retrospective effect and to grant him the consequential benefits.

(2.) After being released from the army as Emergency Commissioned Officer, the petitioner was appointed as Assistant Engineer (Class-II post) in the Public Works Department of the Government of Haryana on the basis of his selection by the Haryana Public Service Commission against the vacancies reserved for ex- Emergency Commissioned Officers/ex-servicemen. After joining the service, the petitioner made representations for grant of benefit of military service in accordance with the provisions contained in the Punjab Government National Emergency (Concessions) Rules, 1965.

(3.) Similar representations were made by other ex-Emergency Commissioned Officers. As the Government did not accept their request, the petitioner and others filed writ petition in the High Court which was dismissed. However, in the appeal filed in the Apex Court, their Lordships accepted the claim of the petitioners and other similarly situated persons for grant of military service benefits (vide Ex-Captain K.C. Arora Vs. State of Haryana and others, 1984(2) SLR 97). It appears from the record that several miscellaneous applications were filed before the Apex Court for issue of directions and also for review of the main order. On 29.7.1985, their Lordships reiterated the earlier order and directed the respondents to give the benefit of military service to the petitioners. However, on April 10, 1986, the Supreme Court reviewed its earlier order and clarified that the credit of military service rendered upto the date of lifting of emergency will only be admissible to the ex-Emergency Commissioned Officers and they are not entitled to the benefit of entire military service.