MOHINDER SINGH, WORKS MANAGER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These are two cross appeals filed by the plaintiff and the defendant State, both arising out of a suit filed by the plaintiff (i.e. the appellant in RSA no.632 of 2000), seeking a declaration to the effect that the order dtd. 12/7/1993 passed by the respondent-defendants refusing the benefit of the services rendered by him in the Indian Army, be declared to be illegal, null and void and against the rules and instructions issued by the Government from time to time; and a further decree of mandatory injunction, directing the defendant State to release such benefits to him, be issued.

(2.) As per the case of the appellant in RSA no.632 of 2000 (Mohinder Singh, hereinafter to be referred to as the plaintiff), he joined military service on June 20, 1950 and served till July 31, 1978, i.e. for a period of about 28 years and 6 months, retiring on the substantive rank of Subedar Major, within him having been also designated as an honorary Captain.

(3.) He had next contended that as per the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter to be referred to as the Emergency Concession Rules), he was entitled to count the period of military service spent by him during the emergency declared in the country, for the purpose of increments and seniority, in his civil post.