PUNJAB STATE Vs. TARLOK SINGH

JUDGEMENT

(1.) This is an appeal by the State of Punjab against the judgment and decree dated 28.3.1992 by the trial Court and appellate decree dated 20.8.1993.

(2.) A suit for declaration was filed by Tarlok Singh, Social Studies Master, Government High School, Helar, Tehsil and District Jalandhar, seeking benefit of military service. The plaintiff had joined the Army on 15.9.1961 and retired after 15 years of service on 30.9.1976. The plaintiff was only a Matriculate at the time of his appointment in the Army. He did his Graduation during his service in the Army. After retirement from the Army in the year 1976, the plaintiff passed B.Ed. in the year 1978 and he was appointed on 7.6.1980 as Social Studies Master. He requested for being given the benefit of military service but his request was declined. He then filed a civil suit, seeking a declaration regarding his entitlement.

(3.) The State of Punjab opposed the suit with the plea that the plaintiff had not acquired the qualification required for the post of Social Studies Master before he had joined the military service. It was, therefore, argued that the plaintiff was not entitled to the benefit of military service.