LAKHINDER SINGH Vs. STATE OF HARYANA ETC

JUDGEMENT

(1.) THE plaintiff has come up in Regular Second Appeal against the judgment and decree of the First Appellate Court which on appeal affirmed that of the trial court dismissing his suit for a declaration that he was entitled to the benefit of his army service to be counted towards civil service with effect from January 9, 1963 to March 12, 1966.

(2.) THE facts as found proved are. The plaintiff joined the army service on January 9, 1963 and was relieved from the said service on May 13,-967. He was appointed as Secretary, District Soldiers, Sailors and Airmen's Board (hereinafter referred to as the Board) on August 18, 1967. He was initially appointed on purely temporary basis for a period of six months. He applied for his regular appointment as Secretary of the Board pursuant to the advertisement issued by the Haryana Public Service Commission. In the advertisement one of the essential conditions 10 be fulfilled by the applicants was that he should not be less than 25 years and more than 5 years of age (57 years for members of Scheduled Caste/tribes and Backward Classes) on 6-2-1988. The plaintiff applied for the post on regular basis The Haryana Public Service Commission selected him and recommended his name for appointment to the State Government. The State Government on receipt of the recommendation of the Haryana Public Service Commission appointed him as Secretary of the Board vide order dated June 3, 1968.

(3.) THE plaintiff was given the benefit of military service towards his civil service vide Endorsoment No. 1447-1d-73/8769 dated 14-3-1973. He was not satisfied with the benefit accorded and claimed the benefit of military service towards civil service as under : (i) From 9-1-63 to 13-5-67 Full benefit of service towards (both days inclusive) being increments, seniority and pension the period between the dates which is admissible to the plaintiff of discharge from the mili- under the Rules. Benefit admis- tary service and the date of sible to the plaintiff to the extent appointment in civil service. of counting this period for the purposes of pension. The claim having been rejected by the authorities necessitated the suit.