STATE OF HARYANA Vs. BANI SINGH YADAV

JUDGEMENT

(1.) THIS appeal is directed against order dated 16th July, 2001 passed by the learned Single Judge, - -vide which he allowed the writ petition filed by Respondent - -Bani Singh Yadev and quashed the decision of the State Government not to pay him the arrears of salary for the period from 5th February, 1974 to 7th February, 1979 and declared that he shall be entitled to arrears with effect from 5th February, 1974.

(2.) THE Respondent joined Indian Army on 26th October, 1962. He was relieved from the Army on 30th December, 1967. After one year and 9 months, he was appointed as ad hoc Clerk in Civil Secretariat, Haryana, - -vide order dated 22nd September, 1969. His services were regularised on that post with effect from 25th January, 1973. He was promoted as Assistant with effect from 7th February, 1979. In the meanwhile, he made representations for grant of the benefit of military service in accordance with the provisions of the Punjab Government National Emergency (Concession) Rules, 1965 (for short, the Rules), as applicable to the State of Haryana. Vide letter dated 31st August, 1976, the concerned authority informed him that he cannot be granted the benefit of military service in view of the amendments made in the Rules, - -vide Haryana Government notifications dated 22nd March, 1976 and 9th August, 1976. He challenged the decision of the State Government in C.W.P. No. 5717 of 1976 which was dismissed by this Court on 18th March, 1980. The order of the High Court was reversed by the Supreme Court in S.L.P. No. 2550 of 1980 which was disposed of on 5th September, 1984 along with other similar cases. Their Lordships of the Supreme Court declared Rule 4(ii) and Rule 2 of the Rules, as amended by Haryana Government notification dated 22nd March, 1976 and 9th August, 1976 to be ultra vires to the Constitution and directed the Appellant to prepare the seniority list of the writ Petitioner afresh after taking into consideration the military service rendered by him.

(3.) THE Respondent challenged order dated 6th September, 1985 to the extent of denial of arrears of pay and allowances for the period from 5th February, 1974 to 7th February, 1979 in C.W.P. No. 3601 of 1987 by contending that the government cannot take advantage of its own wrong of not giving him the benefit of military service in terms of the Rules as they stood prior to the amendments of 22nd March, 1976 and 9th August, 1976.