STATE OF HARYANA Vs. PREM RAJ VERMA

JUDGEMENT

(1.) The short question that arises for consideration in this Letters Patent Appeal is - Is the respondent, Prem Raj Verma, entitled to the benefit of military service for the purpose of determination of his seniority as a Group Instructor in the State of Haryana ? The learned single Judge having decided in favour of the respondent, the State of Haryana has filed this Letters Patent Appeal. A few facts may be noticed.

(2.) The respondent had served in the Indian Army from April 15, 1953 to December 31, 1974. After his discharge from the Army he was recruited as a Clerk on February 28, 1977 in the Department of Technical Education. On March 31, 1981 he was selected and appointed as a Group Instructor in the same Department. On joining this post he represented for the grant of the benefit of military service rendered by him during the period when the proclamation of emergency was in force. His claim having been rejected, he approached this court through a petition under Article 226 of the Constitution and prayed that the benefit for the period from October 26, 1962 to January 10, 1968 be granted to him. The learned single Judge has accepted this claim.

(3.) Mr. Bishnoi, learned counsel for the appellant has submitted that the decision of the learned single Judge is not tenable. No one has appeared on behalf of the respondent in spite of service. In fact, the respondent has sent a letter in which he has stated that he is not "interested in any judgment regarding this case."