MOTI SINGH Vs. DISTRICT & SESSIONS DIVISION

JUDGEMENT

(1.) The petitioner, an Ahalmad in Sessions Division, Bathinda, claims the benefit of army service rendered by him during tbe proclamation of emergency. His claim for tbe grant of various benefits having been rejected by the District and Sessions Judge, Bathinda vide orders dated January 3,1987, he has approached this Court through the present writ petition. A few tacts may be noticed.

(2.) The petitioner had joined the Indian Array as a Sepoy on Jury 20,1959 and he served there till November 9,1977. He was appointed as a Clerk in the Sessions Divisions, Bathinda on January 8, 1980. The petitioner claims that the period of service rendered by him from October 26,1962 to January 8,1969 and December 3,1971 to March 27,1977 fails within the ambit of 'military service' as defined under the provisions of the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter referred to as 'the Rules'). His representation to the District and Sessions Judge, Bathinda having been rejected, he has approached this Court through the present writ petition.

(3.) In the written statement filed on behalf of the respondents, it has been stated that the writ petition having been filed after an inordinate delay deserves to be dismissed. It is also maintained that the petitioner is not entitled to the benefit of army service as claimed by him as he had joined the array force prior to the proclamation of emergency and that the benefits under the rules are admissible only to a limited class of persons, who had responded to the call of nation during the period of emergency.