STATE OF HARYANA AND ORS. Vs. KARAN SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgments and decrees dated 3.6.2006 and 22.8.2007 passed respectively by the Additional Civil Judge (Senior Division), Rohtak (hereinafter referred to as 'the trial Court') and the Additional District Judge, Rohtak (described hereinafter as 'the First Appellate Court') whereby the suit of the plaintiff -respondent was decreed and the appeal of the defendants -appellants was dismissed.

(2.) THE respondent filed a suit for declaration and mandatory injunction claiming the benefit of military service rendered by him for the purpose of counting the same towards his civilian service. It was pleaded that the respondent had served the Indian Army as Sepoy from 21.6.1968 to 30.6.1985 and thereafter, he was appointed as Peon on 5.8.1989 in the Woman and Child Development Department of the State of Haryana. It was further pleaded that during the period he was in the service of the Indian Army, there was a National Emergency from 3.12.1971 & 3.7.1977 and in view of the provisions of the Punjab Government National Emergency (Concession) Rules, 1965 (for short, 'the Rules'), as applicable to the State of Haryana, he was entitled to the benefit of his entire military service to be counted for the purpose of consequential benefits in the civilian service. It was alleged by the respondent that he had requested the appellants for grant of such benefit, but his claim was rejected. In the suit, he challenged the action of the appellants in refusing the grant of the claimed benefit and prayed that they be directed to do so.

(3.) ON the pleadings of the parties, the following issues were framed by the trial Court: