CHAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard Mr. Harkesh Manuja, learned Additional Advocate General, Punjab and Mr. Subhash Ahuja as amicus curaie and the case of the petitioner in absentia but on pleading and the case law involved at the time of filing of the petition and judicial precedents afterward developing the law on the subject. The case has been remanded by the Supreme Court on appeal by the State of Punjab to pass a fresh order after setting aside the orders of the Division Bench dated 29.04.1997 allowing the petition granting the concession of seniority and increments to the petitioner for service rendered by him in the Territorial Army from 1965 to 1976 but restricting the arrears to 38 months preceding the filing of the petition.

(2.) Mr. Ahuja has commended the following informed and reasoned view to this Court as one which deserves to be accepted on the subject matter in question, that is, whether the petitioner is entitled to claim the benefit of service in Territorial Army during the period of National Emergency towards tangible benefits in civil service:

(3.) "In the present writ petition, the petitioner has assailed the validity of order dated 01.08.1996 (Annex P -1) whereby his claim for counting his service rendered in the Territorial Army during National Emergency has been declined by the respondent - State.