DHAN SINGH SUKHBIR SINGH EX CAPTAIN R S DHULL Vs. STATE OF HARYANA
LAWS(SC)-1990-12-6
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on December 05,1990

DHAN SINGH,SUKHBIR SINGH,R.S.DHULL Appellant
VERSUS
STATE OF HARYANA Respondents





Cited Judgements :-

A N G R AGRICULTURAL UNIVERSITY RETIRED TEACHER VS. GOVERMENT OF A P [LAWS(APH)-2004-7-112] [REFERRED TO]
S R UJJANKOP VS. STATE OF KARNATAKA [LAWS(KAR)-1993-2-9] [REFERRED TO]
RAJENDER KUMAR S I VS. STATE OF HARYANA [LAWS(P&H)-1992-10-37] [REFERRED TO]
Samtul Dhobi Suklal Dhobi VS. State of Bihar [LAWS(PAT)-1993-3-26] [REFERRED TO]
JANG SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1997-8-26] [REFERRED TO]
DATAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1998-1-101] [REFERRED TO]
MAN SINGH SEHRAWAT VS. STATE OF HARYANA [LAWS(P&H)-2006-5-102] [REFERRED TO]
JAGDISH CHAND VS. HARYANA STATE [LAWS(P&H)-2006-5-170] [REFERRED TO]
BALBIR SINGH VS. STATE OF HARYANA [LAWS(P&H)-2006-5-174] [REFERRED TO]
RAM CHAND DAHIYA VS. DHBVN [LAWS(P&H)-2014-8-6] [REFERRED TO]
BHAGAT SINGH (HAV ) VS. STATE OF HARYANA [LAWS(SC)-1995-3-177] [REFERRED TO]
GOVERNMENT OF INDIA AND ORS. VS. AKS PANWAR [LAWS(MAD)-2015-4-123] [REFERRED TO]
SURINDER PAL VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-5-223] [REFERRED TO]
AMANDEEP SINGH VS. UNIVERSITY OF DELHI AND ORS. [LAWS(DLH)-2015-8-2] [REFERRED TO]
RAM JANAM SINGH STATE OF UTTAR PRADESH VS. STATE OF UTTAR PRADESH:RAJENDRA SINGH MALHAN [LAWS(SC)-1994-1-108] [RELIED ON]
HAVALDAR BHAGAT SINGH VS. STATE OF HARYANA [LAWS(SC)-1996-3-133] [REFERRED TO]
RAJENDRA PRATAP SINGH YADAV VS. STATE OF U P [LAWS(SC)-2011-7-93] [REFERRED TO]
RAVINDRA K JOSHI VS. UNION OF INDIA [LAWS(GJH)-2010-10-98] [REFERRED TO]
INDIRA, M. VS. STATE OF KERALA [LAWS(KER)-1997-12-41] [REFERRED TO]
RAJENDRA PRATAP SINGH YADAV AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(SC)-2011-7-174] [REFERRED TO]
BALBIR SINGH, (ASSTT., FITTER) VS. DELHI TRANSPORT CORPORATION THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR [LAWS(CA)-2012-4-43] [REFERRED TO]
STATE OF HARYANA AND ORS. VS. KARAN SINGH [LAWS(P&H)-2009-3-264] [REFERRED TO]
KSHITI BHUSAN CHAKRABORTY VS. NORTH EASTERN REGIONAL INSTITUTE OF SCIENCE AND TECHNOLOGY AND ORS. [LAWS(GAU)-2007-12-44] [REFERRED]
APAR SINGH VS. STATE OF HARYANA [LAWS(P&H)-1993-12-137] [REFERRED]
BALDEV SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1994-1-154] [REFERRED]
BALDEV SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1994-1-154] [REFERRED]
JAMIET SINGH VS. THE DISTRICT & SESSIONS JUDGE, AMRITSAR [LAWS(P&H)-1994-10-68] [REFERRED]
AVTAR SINGH RAMOTRA VS. KURUKSHETRA UNIVERSITY [LAWS(P&H)-1996-7-195] [REFERRED]
AJMER SINGH RANDHAWA VS. PUNJAB STATE AND ANOTHER [LAWS(P&H)-1995-12-109] [REFERRED TO]
JANGIR SINGH VS. PUNJAB STATE ELECTRICITY BOARD [LAWS(P&H)-1995-12-112] [REFERRED]
NIRVAIR SINGH VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2001-12-123] [REFERRED]
S KASTHURI VS. DIRECTOR OF ELEMENTARY EDUCATION, DPI COMPLEX, COLLEGE ROAD, CHENNAI [LAWS(MAD)-2011-10-218] [REFERRED]
BIJINDER SINGH YADAV VS. STATE OF HARYANA [LAWS(P&H)-1991-10-116] [REFERRED]
KULDIP SINGH VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2012-2-434] [REFERRED]
JAGE RAM VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2016-9-274] [REFERRED TO]
BHIM SINGH JARYAL VS. HIMACHAL PRADESH STATE ELECTRICITY BOARD [LAWS(HPH)-2012-7-359] [REFERRED TO]
NIRMAL SINGH VS. PUNJAB STATE ELECTRICITY BOARD [LAWS(P&H)-1991-8-172] [REFERRED]
RAM NIWAS VS. STATE OF HARYANA [LAWS(P&H)-1993-10-179] [REFERRED]
UPKAR SINGH DHILLON VS. STATE OF PUNJAB [LAWS(P&H)-1996-7-283] [REFERRED]
SATYA PRAKASH CHANDELAND VS. STATE OF HARYANA [LAWS(P&H)-1996-7-286] [REFERRED]
KARAM SINGH VS. PUNJAB STATE ELECTRICITY BOARD [LAWS(P&H)-1996-8-278] [REFERRED]
STATE OF PUNJAB VS. DR CAPT HARDEV SINGH [LAWS(P&H)-1997-9-204] [REFERRED]
STATE OF PUNJAB AND OTHERS VS. MALKIAT SINGH [LAWS(P&H)-2010-8-587] [REFERRED]
TEJ RAM VS. STATE OF HARYANA [LAWS(P&H)-2010-11-776] [REFERRED]
SHYAM SUNDER SINGH VS. STATE OF BIHAR [LAWS(PAT)-2021-11-20] [REFERRED TO]


JUDGEMENT

Fathima Beevi, J. - (1.)Civil Appeal No. 1060 of 1990 is directed against the judgment and order dated 11-7-1988 of the High Court of Punjab and Haryana dismissing the Civil Writ Petition No. 4725 of 1986 filed by the appellants.
(2.)The appellants are ex-servicemen reemployed in Government service in the State of Haryana. They served in the Indian Army during the period of operation of the proclamation of emergency made by the President of India under Art. 352 of the Constitution of India on October 26, 1962 and lifted on January 10, 1968. The Punjab Government National Emergency (Concessions) Rules, 1965 (hereinafter referred to as the Emergency Concessions Rules) in force w.e.f. November 1, 1966 provided certain benefits to ex-army personnel who are re-employed in the matter of increment, seniority, pension etc. The Rules were adopted by the State of Haryana. The Government of Haryana vide Notifications dated 22-3-1976, 9-8-1976 and 5-11-1976 introduced amendments to these Rules. The appellants are denied the benefits under the Rules in view of such amendments. ,The writ petition filed by the appellants challenging the amendments was dismissed in limine by the impugned judgment dated 11-7-1988.
(3.)Rule 4 of the Emergency Concessions Rules as it originally stood, in so far as is relevant for the purpose of these cases reads as follows:-
"Rule 4. Increments, seniority and pension,- Period of military service shall count for increments, seniority and pension as under:-

(i) Increments:The period spent by a person on military service, after attaining the minimum age prescribed for appointment to any service or post, to which he is appointed, shall count for increments

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This concession shall, however, be admissible only on first appointment.

(ii) Seniority:The period of military servicementioned in clause (i) shall be taken into consideration for the purpose of determining the seniority of a person who has rendered military service.

(iii) ********** "
For the purpose of the Rules the expression ,military service' has been defined in R. 2 which reads as under.-
"2. Definition.- For the purposes of these rules, the expression 'military service'means enrolled or commissioned service in any of the three wings of the Indian Armed Forces (including service as a Warrant Officer) rendered by a person during the period of operation of the proclamation of emergency made by the President under Article 352 of the Constitution of India on October 26, 1962 or such other service as may hereafter be declared as military service for the purposes of these rules. Any period of military training followed by military service shall also be reckoned as military service."

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