GAJJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The only controversy raised in the present writ petition is as to whether a person, who had joined the armed forces prior to the declaration of first emergency on October 26, 1962, is entitled to the benefit of military service under Rule 4 of the Punjab Government National Emergency (Concession) Rules, 1965 for purpose of seniority, increments etc. The aforesaid controversy arises on following facts:-

(2.) The petitioner had joined the armed forces on June 13, 1961 and was discharged on April 28, 1970. After discharge from the armed forces, he joined as Forest Guard with the respondents on November 6, 1970. The petitioner claims the benefit of military service rendered during the period of emergency i.e. between October 26, 1962 to January 10,1968 under the 1965 Rules.

(3.) This benefit was denied to the petitioner vide the impugned letter dated 15.12.1989 at Annexure P.1 from the Chief Conservative (Conservator) of Forests Punjab, Chandigarh addressed to Divisional Forest Officer, Working Plan and Survey Division, Chandigarh. The benefit of military service was denied solely on the ground that the petitioner had joined the armed forces prior to the proclamation of emergency i.e. prior to October 26, 1962 and, therefore, his case was not covered under 1865 Rules. This point now stands settled finally by the Apex Court as well as by this Court that the benefit of military service so far as the employees in the State of Punjab are concerned has to be given irrespective of the date of joining the armed forces. Reference maybe made to 1995(2) SLR 313.