(1.) The petitioner has joined Army as Hawakiar Ckrk on July 09, 1963 and was discharged at his own request on compassionate grounds on February 20,1979. After being discharged from the Army, he joined respondent-University as a Clerk on November 26,1981. The respondent-University adopted die Punjab National Emergency (Concession) Rules, 1965 (as applicable to the State of Haryana) vide Resolution No. 16, dated July 27, 1990. These rules envisage the grant of benefit of military service rendered during the period of emergency i.e. from October 26, 1962 to January 10, 1968 for purpose of increments, seniority, pension etc. This is so provided in Rule 4 of the 1965 Rules. The petitioners was in fact granted this benefit of military service vide order dated February 26, 1991 (copy of Annexure P-1) whereby service rendered by the petitioner for four years, six months and one day (from 9.7.1963 to 10.1.1968) during the period of emergency and by giving him a deeming date of appointment as a Clerk, he was deemed to have been promoted as an Assistant w.e.f. January 11,1989 instead of October 25, 1989, which was his actual date of promotion.
(2.) It may be observed that the Haryana Govt, introduced an amendment in the 1965 Rules on 5.11.1976 to the effect that if a person has been released from the military service on compassionate grounds he shall not be entitled to any benefit under the Rules. On the basis of this amendment the respondent-University issued an order dated July 25, 1991 (copy at Annexure P-2) withdrawing the benefit of military service granted to the petitioner vide order at Annexure PI. This was on the ground that since the petitioner had been released from the army on compassionate grounds at his own request he was not entided to any benefit of military service under the Rules.
(3.) Learned counsel for the petitioner argued that the aforesaid amendment brought about by the Haryana Government on November 5, 1976 had come up for consideration in RAJ PAL SHARMA V/S STATE OF HARYANA, 1985 AIR(SC) 1263 which was again considered in DHAN SINGH V/S STATE OF HARYANA, 1991 1 SLR 200. It was held by the apex Court that the amendment was ultra vires and it was held than even it an official had been released from the armed forces on compassionate ground he would be entitled to the benefit of military service under the 1965 Rules.