KAPILDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for quashing of Annexure '5' and also to issue a writ of mandamus commanding the respondents to fix up the senoirity of this petitioner on the basis of the principle adopted by the State Government (vide Annexures '3' and '3/1') and to grant him the benefit of the military service, which he claims to have rendered in the emergency created when our country was at war during the Chinese aggression and when there was a conflict with Pakistan.

(2.) The petitioner was enrolled in the military service in regular army as a technical trainee in the Engineering section of the Armed Force on 22nd October 1953. He was released from service on 26th January 1969. Some time after, on the basis of an advertisement, issued on 22nd of March, 1970 by Public Service Commission, this petitioner applied for getting an appointment as the Asstt. Engineer (Mechanical) under Public Health and Eagineering Department. A copy of the advertisement in Annexure 1 and forms part of this petition. This petitioner was selected and was appointed to the post and joined the same on 6th July, 1972 (vide Annexure'2') It is stated on behalf of the petitioner that the services of this petitioner in the Army would have terminated on 22nd of December 1962 after serving for a period of nine years. The case of the petitioner is that since emergency was promulgated on 26th October, 1962, he was forced to continue in service during emergency and his servcies, have been terminated on 22nd December 1968. It is further stated on his behalf that the Government of Bihar issued circular dated 12th July, 1967 and again on 29th September, 1967 (vide Annexure '3' and '3/1' respectively) to provide suitable employment to those, who would be released on completion of their short service commission created during the emergency and also for fixation of their pay and seniority. It has further been submitted that all such displaced military personnel, who got re employment in the civii post, the Government granted concession that for the purpose of seniority such candidate shall be deemed to have been appointed to the civil post on the date, on which the candidate joined military service. It is on the basis of this circular, as contained in Annexure '3' that the writ petitioner claims that he is entitled to get his seniority at least from the year when he served in the military during the emergency. He filed a representation to the State Government for fixation of his seniority accordingly, but his representation was finally turned down on 7th November, 1977 (vide Annexure '5' of this writ petition).

(3.) The petitioner has, therefore, prayed for quashing of this Annexure '5' and also to fix up his seniority in the present service accordingly taking into consideration the period of his rendering service during the emergency. It has further been stated that his position has been shown very much junior in rank along with new entrants of the year 1972.