ASHOK BHUSHAN, J. - (1.) These appeals have Been filed against the Division Bench Judgment of High Court of Punjab and Haryana dated 28.07.2009 in LPA No.213 of 2007 with LPA No. 177 of 2007. The High Court vide the impugned judgment has allowed the LPA filed By the State of Punjab and set aside the judgment of learned Single Judge and dismissed the writ petitions filed By the appellants Before us.
(2.) Brief facts of the case necessary to Be noted for deciding these appeals are: i. The appellants are ex-servicemen, who after Being released from the Army were appointed to Punjab Civil Service (Executive Branch). Rules were framed namely Demobilized Indian Armed Forces Personnel (Reservation of Vacancies in the Punjab Civil Service) (Executive Branch) Rules, 1972, under which Rules Twenty percent of the vacancies in the Punjab Civil Service (Executive Branch) were to be filled in by direct recruitment from amongst Released Indian Armed Forces Personnel, who joined military service or were commissioned on or after the first day of November, 1962. The vacancies existed under Rules, 1972 for direct recruitment were from 1979 to 1981. ii. Another set of Rules were framed namely Punjab Recruitment of Ex-servicemen Rules, 1982 which were gazetted on 12.02.1982. Fifteen percent of the vacancies to be filled by direct appointment were reserved for being filled in the recruitment by ex-servicemen. By 1982 Rules, the Rules 1972 as above mentioned were repealed. An advertisement was published on 01.05.1982 being advertisementNo.2 advertising the post of Punjab Civil Service (Executive Branch). The examination was held in the year 1985 and the appellants were appointed vide order dated 18.03.1986 to Punjab Civil Service (Executive Branch). The seniority list was issued in the year 1994 in which seniority of the appellant was fixed at S.No.25 without granting him any benefit of earlier services in the Army. iii. The appellant submitted representation against wrong fixation of his seniority. The appellant filed a Writ Petition No.8069 of 2001. In the writ petition, the appellant claimed that his seniority be re-fixed by granting military services benefit in terms of Rule 4 of 1972 Rules. The writ petition of the appellant was taken along with other three writ petitions and allowed by learned Single Judge of the High Court vide its judgment dated 31.07.2007. iv. The learned Single Judge held that appellants shall be deemed to be appointed under 1972 Rules and benefits flowing there from shall be admissible to the appellant as per 1972 Rules. The earlier judgment of the High Court dated 08.04.1986 in Writ Petition No.3236 of 1995, Ishwar Singh and others versus State of Punjab, was relied by learned Single Judge. Aggrieved against the judgment of learned Single Judge dated 31.07.2007, State of Punjab filed LPA No.213 of 2007. LPA No.19 of 2008 and LPA No.20 of 2008 were decided along-with LPA No.213 of 2007, by judgment and order of the Division Bench dated 28.07.2009. LPA filed by the State of Punjab was allowed. Judgment of the learned Single Judge was set aside and the writ petition filed by the appellant was dismissed. Aggrieved by the judgment of Division Bench, these appeals have been filed.
(3.) We have heard Shri Gurminder Singh, learned senior counsel appearing for the appellant. Shri Karan Bharihoke has appeared on behalf of State of Punjab and Shri Vineet Bhagat has appeared for respondent Nos. 1 to;