DATAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common judgment we propose to dispose of the Civil Writ Petitions Nos. 16779 of 1989, 931 of 1990, 12092 of 1990, 6690, 12034, 15193, 17095 of 1991, 2 of 1992 and 9154, 9157 of 1995. As the question involved in all these writ petitions is identical, by this common judgment these writ petitions can conveniently be disposed of. For the sake of convenience, facts in the case of Datar Singh are being mentioned.

(2.) PETITIONER Datar Singh seeks quashing of the Rules called Punjab Recruitment of Ex-servicemen Rules, 1982, whereby Punjab Government National Emergency (Concession) Rules, 1965, had been repealed and the benefit of increment, seniority for the service rendered during emergency which the petitioner was entitled by virtue of Punjab Government National Emergency (Concession) Rules, 1965 and during the emergency of 1971 have been withdrawn. A writ of mandamus has also been claimed with a direction to the respondents to grant the benefits of Military service rendered by the petitioner during the emergency period from 10. 6. 1963 to 10. 1. 1968 and 3. 12. 1971 to 21. 7. 1971.

(3.) IT has been contended that in the wake of Chinese aggression, National Emergency was proclaimed on 26. 10. 1962. In order to attract large number of young men who otherwise were not inclined to adopt the profession Soldier as a career, the State of Punjab announced a number of concessions for Ex-servicemen and Civilian employees. Certain benefits were allowed which included relaxation in the age limit and educational qualification. It also included counting of the period of approved military service towards seniority, promotion, increment, leave and concession. Induced by various concessions, the petitioner offered himself for military service. He joined the Indian Army on 10. 8. 1961. He served the Indian Army for 23 years i. e. during the period of both emergencies referred to above. The petitioner claims that since he served in the army during both the emergencies, the said period should be counted towards increment and seniority on being re-employed in government service after being released from the army service. He joined as J. B. T. teacher in the education department of the Stale of Punjab on 4. 3. 1988 against the post reserved for ex-servicemen. Since his representation had been rejected and he had not been given the benefit of service during emergency in seniority and other benefits, the present writ petition has been filed.