STATE OF HARYANA AND ANR. Vs. SUBE SINGH

JUDGEMENT

(1.) THE defendants are in appeal. The case set up by the plaintiff in the plaint is that he had served in the Indian Army during proclamation of National Emergency from 25th March, 1963 to August, 1975 and thereafter joined Civil Service as Driver in the office of Chief Medical Officer, Civil Hospital, Kamal on 18.9.1980 and had been working upto 9.2.1984. His service was dispensed with but subsequently by order of the Labour Court he was taken back into service with continuity on 11.7.1985. The plaintiff had retired from government service on 31.7.1998 after attaining superannuation. The plaintiff has claimed that he be given benefits of military service towards pay fixation, seniority, pension and be released arrears of pay and allowances. Suit was contested by both the defendants No. 1 and 2 by. filing a written statement in which it was stated that all the benefits to which the plaintiff was entitled have been duly given by Director General Health Services, Haryana vide his letter dated 10.12.1999. The plaintiff filed replication, while denying the averments of the written statement, plea taken in the plaint were reiterated.

(2.) ON the pleading of the parties, the trial Court framed following issues:

(3.) WHETHER the plaintiff has no cause of action against the defendants? OPD