RAMESHWAR DASS Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner, who is an Ex-serviceman and joined the Cooperative Department on 30.06.1999 as Inspector (Audit), Cooperative Societies, Haryana, has filed the instant petition for issuing direction to the respondents to fix the seniority of the petitioner by giving him the benefit of 4 months and 10 days of military service which he has rendered during the period of National Emergency.

(2.) It is admitted case of the parties that the petitioner rendered service in the Indian Air Force from 22.02.1977 to 29.02.1992 when he retired from the Indian Air Force in the rank of Sgt. It is also admitted position that out of the said service, the period from 22.02.1977 to 03.07.1977 was the period in which the National Emergency remained in force. It is the case of the petitioner that he is entitled for seniority by taking the period from 22.02.1977 to 03.07.1977, i.e., 4 months and 10 days, into consideration in view of the provisions of the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter referred to as 'the Rules'), which are applicable on the respondent-State. It is the case of the petitioner that when in spite of various representations given by him, the respondents did not consider the aforesaid claim, then the petitioner filed the instant writ petition.

(3.) In the written statement filed by the respondents, it has not been disputed that the petitioner had served 4 months and 10 days in the Indian Air Force during the period of National Emergency. However, it has been stated that since the military service rendered by the petitioner during National Emergency was less than six months, therefore, he is not entitled for the benefit of the said period under the Rules. It has been stated that the petitioner had been informed by letter dated 30.07.2008 that the military service rendered by him during the National Emergency was less than six months, therefore, he was not entitled for the benefit of the said period in the matter of promotion.