STATE OF PUNJAB Vs. DR CAPT HARDEV SINGH

JUDGEMENT

(1.) These two Letters Patent Appeals (Nos. 230 and 775 of 1994) are directed against the judgment dated 7.10.1993 passed in Civil Writ Petition No. 4442 of 1982 by a learned Single Judge (Hon'ble Mr. Justice H.S. Bedi) of this Court. These two appeals are being disposed of by this common judgment as they involve common questions of facts and law.

(2.) Dr. Hardev Singh and Dr. B.S. Tuli, the writ petitioners approached this Court by filing the Civil Writ Petition under Articles 226/227 of the Constitution of India, praying for issuance of a direction to the State of Punjab (writ respondent and appellant of LPA No. 230/1994) to grant the benefits of military service rendered by them while on Short Service Commission, towards seniority, increments in pay and for consideration of their cases for promotion to the higher posts. Dr. Hardev Singh and Dr. B.S. Tuli, both the petitioners, were admitted to the Government Medical College, Patiala, in MBBS Course, when the Principal of Government Medical College, Patiala, put up a general notice for the information of all concerned students that the interviews/selection of the final year MBBS students for grant of Short Service Commission (on probation) will be held in the office of the Principal on 10-11/12/1968 to medical students during the final year MBBS Course for the year 1968-69 (vide copy Annexure P-13). The Punjab Government issued a policy vide letter No. 3068-4 G.S.I. 64/10931 dated 6.4.1964. According to the petitioners, this policy was reproduced in the manual of instructions on service matters and was quoted in para 3 of the writ petition, which read as under :-

(3.) The State of Punjab (now appellant in LPA No. 230/1994) filed the written statement admitting the averment of the petitioners regarding grant of Short Service Commission to them. It was also admitted that they passed the final year MBBS examination in the year 1969 and applied for Short Service Commission. It was also admitted that they served in the military during the period 1969 to 1974. The stand of the State of Punjab has been specifically mentioned in Para 9 of the written statement as under :-