T.R. MALIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is working as a Senior Divisional Manager in the Haryana Tourism Corporation. He complains that the Corporation has illegally declined to grant him the benefit of the military service. Consequently, he has filed this petition with the prayer for the quashing of the orders passed by the Corporation and for the issue of a mandamus directing the respondents to promote him with retrospective effect. A few facts may be noticed.

(2.) The petitioner had served in the Armed Forces of the Union during the period of National Emergency from January 10, 1964 to January 10, 1968. After his release, the petitioner was appointed as a Reception Officer in the Haryana Tourism Corporation on July 25, 1973. He was promoted to the post of Tourist Officer on April 21, 1976. On May 11, 1981, the petitioner was appointed as an Additional Divisional Manager. He was further promoted to the post of Divisional Manager on April 19, 1983 and as a Senior Divisional Manager on April 19, 1988.

(3.) While working in the Corporation, the petitioner claimed the benefit of the military service rendered by him. Vide order dated December 7, 1989, passed by the Director, Tourism, Haryana, a copy of which has been produced as Annexure P.1, the petitioner was given the benefit of military service. It was declared that the petitioner shall be deemed to have been appointed on July 24, 1969 even though he had actually joined the service on July 24, 1973. It was further observed in the order that his seniority in the other post will be decided by the Corporation. The petitioner made another representation and claimed that he should be granted the resultant benefit of military service towards his further promotion as Tourist Officer/Additional Divisional Manager/Divisional Manager etc. In pursuance of this representation, the Respondent-Corporation issued a notice dated January 14, 1993 to respondents Nos. 3 to 6 proposing that the benefit of military service should be given in the various higher posts as well. According to this notice, the petitioner's date of appointment to each rank in the service was proposed to be ante-dated as under :-