SUMER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant Civil Writ Petition filed under Articles 226/227 of the Constitution, the petitioner seeks a writ in the nature of Certiorari for quashing the action of the respondents in not counting the service rendered by him from 9.3.1965 to 10.1.1968 and the service rendered by him on ad hoc basis from 28.6.1986 to 30.9.1988 for the purposes of grant of pensionary benefits as the same is not only illegal and arbitrary but is in violation of the instructions of the Haryana Government and the judgment of this Court. He also sought a writ in the nature of Mandamus directing the respondents to count the service rendered by him in the Indian Navy during National Emergency from 9.3.1965 to 10.1.1968 and ad hoc service rendered by him from 28.6.1986 to 30.9.1988.

(2.) The case of the petitioner, in brief, is that he volunteered himself to join Indian Navy on 9.3.1965. He was released from the Indian Navy on 31.7.1983. He applied for the post of Radio & TV Instructor in the Department of Industrial Training & Vocational Education, Haryana, as he was possessing the requisite qualifications for the said post. In pursuance of selection, he joined at ITI Sonepat on 28.6.1986. He continued working on that post to the entire satisfaction of the authorities. Thereafter, as per policy of the Haryana Government dated 30.9.1988, the services of all the employees working on ad hoc basis who have completed two years of service as on 30.9.1988, were regularised with effect from 30.9.1988 and accordingly his services were also regularised with effect from 30.9.1988. He retired from the service on attaining the age of superannuation on 30.9.2006.

(3.) It is further pleaded that in the year 1965, instructions were issued by the Central Government for the grant of benefits of service rendered during emergency. The Punjab Government framed Rules called Punjab Government National Emergency (Concession) Rules, 1965. The Government of Haryana issued notification on 19.2.1991 regarding grant of military service benefits to the Ex-servicemen under the Punjab Government National Emergency (Concession) Rules, 1965, clarifying 1965 Rules, in view of judgment delivered by the Hon'ble Supreme Court in Civil Appeal No.1007/1990 titled Dhan Singh Versus State of Haryana and others. The Government of Haryana clarified the above mentioned instructions as follows: