UPKAR SINGH DHILLON Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of CWP Nos. 482, 1453, 1962 of 1985, 637 of 1986, 331 of 1988, 5351 & 10922 of 1990,12046 of 1991,9215 and 13631 of 1992 as common question of law and fact is involved in these cases. In CWP No. 482/85, 1453/85, 331/88,5351/90, 10922/90 and 12046/91 :-

(2.) It is not necessary to advert to detailed facts of diese cases. Suffice it to mention that the petitioners in all these cases had joined armed forces prior to the declaration of emergency in the country on October 26,1962 and they served the armed forces during the entire period of emergency upto January 10,1968. After discharge from the armed forces, they joined civil service of the State of Punjab in different departments. They claimed benefit of military service rendered during the period of emergency for purposes of pay, seniority, pension etc. as envisaged by Rule 4 of the Punjab Government National Emergency (Concession) Rules, 1965. The respondents denied the benefit of military service solely on the ground that the petitioners had not joined the armed forces during the period of emergency and having joined the army prior to the declaration of emergency just happened to serve during the period of emergency and, therefore, were not entitled to the benefit under the 1965 Rules.

(3.) This matter should not detain us any more as according to me the matter stands settled by the Apex Court in Dhan Singh and Ors. vs. State of Haryana, 1991 1 SLR 200, in which it was decided that the definition as it stood prior to the amendment by the Haryana Government in the year 1976, an ex-serviceman, who might have joined the armed forces even prior to the declaration of emergency, would be entitled to the benefit of military service rendered during the period of emergency provided he had joined die civil service prior to the amendment of 1965 Rules. In Punjab the Government has not amended the 1965 Rules. This would mean than an employee, who had joined the military service even prior to the declaration of emergency would be entitled to the benefit of military service rendered during the period of emergency in accordance with Rule 4 of the 1965 Rules. This matter was also considered by a Division Bench of this Court, in which I was a member, in Jamiet Singh V/s. The District and Sessions Judge, 1995 2 SLR 313. In CWP Nos. 1962/85,637/86 and 13631/92 :-