BALWANT SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of writ in the nature of mandamus for the respondents to count military service of the petitioner towards his service benefits for all intent and purposes and grant all consequential benefits and to count the military service of the petitioner to the civil services during the period of First Emergency from 19.01.1963 to 10.01.1968 and for the Second Emergency from 03.12.1971 to 27.03.1977. The orders dated 24.04.1990 (Annexure P-5) which rejected the claim of the petitioner for grant of benefit of said military service on the ground that his services were regularized w.e.f. 01.04.1985, after the promulgation of Punjab Recruitment of Ex-Servicemen Rules, 1982 (for brevity, the '1982 Rules') was also sought to be quashed along with subsequent letter dated 04.11.1992 (Annexure P-12), declining the said relief.

(2.) The pleaded case of the petitioner is that he had served the Military as petty officer, namely, Radar Controller, First Class on 19.01.1963 during the period of proclamation of Emergency and retired on 19.05.1981. Thereafter, he joined the service of the respondent-State on 05.10.1981 as Clerk in the office of the Deputy Inspector General of Police, Punjab, Chandigarh. The respondent- State had issued notification dated 20.07.1965, notifying the Punjab National Emergency (Concession) Rules, 1965 (hereinafter referred to as '1965 Rules') which granted benefit of Emergency for purpose of increment, seniority and pension to the personals who had served in the Military during the period of Emergency. Accordingly, the petitioner represented for granting the Military service benefit towards his civil service but his request was declined vide orders dated 24.04.1990 on the ground that his services were regularized on 01.04.1985, after the promulgation of the 1982 Rules. It was pleaded that benefit of Military service had been granted to the co-employees of the petitioner whose services were regularized w.e.f. 01.04.1985. The petitioner again represented on the ground of discrimination and gave the examples of Babu Singh, Clerk and Tara Singh, Assistant since his case had been declined by the Director General of Police with the observation that he could approach the Government through proper channel. But respondent No.1 refused to grant the benefit vide order dated 04.11.1992 by referring to earlier refusal dated 24.04.1990. Accordingly, the present writ petition was filed and thereafter, amended petition was filed taking the plea that during the pendency of the writ petition, instructions dated 23.06.1998 had been issued whereby the Ex-Servicemen who had rendered service during the period of Second Emergency from 03.12.1971 to 27.03.1977 were also entitled for the benefits of Military service and accordingly, he was also entitled for the benefits of the Second Emergency.

(3.) In the written statement filed by the respondents, the plea taken was that the petitioner had been appointed as a Clerk purely on temporary basis through the Employment Exchange for a period of 6 months or till the availability of eligible candidates from Subordinate Services Selection Board. His services were regularized w.e.f. 01.04.1985 in terms of Punjab Government letter dated 29.03.1985. The case of the petitioner was considered and examined and vide letter dated 24.04.1990, the petitioner was held not entitled for the benefit on the ground that Babu Singh was given benefit of Military service on the advice of the Controller/Finance & Accounts (Audit) and that Tara Singh was also given such benefit and the case of the petitioner was rejected. The State Government instructions dated 23.06.1998 declaring the period of Second Emergency as Military service was put on hold vide letter dated 09.10.1998 till the final decision to be taken in CWP No.14829 of 1998 titled Jacob & others Vs. Punjab State & others.