- (1.) We have heard the learned counsel for the parties on merits. In the counter affidavit filed before the High Court of Punjab & Haryana in Civil Writ Petition No. 1299 of 1980. A Counter Affidavit was filed on behalf of the Govt, of State of Punjab that the petitioner had been granted the relief sought for by him in that writ petition. On the basis of the above statement the High Court disposed of that Writ Petition with the following Order: "A short affidavit has been filed. It is plain therefrom that the petitioner has been granted the relief sought for and the Writ petition is, therefore, infructuous, Dismissed."
(2.) Later on on 22.5.84 the State Govt, passed the following order with drawing the benefit granted to him earlier: "Sh. Dalbara Singh, Senior Clerk, Punjab Roadways, Ferozpur was allowed the benefit of Military Service vide this office order No. EA2/13583-614, dated 23.5.1980. However, as per Govt, instructions No. 6392-SII(3)71/6195, dated 29.9.1971, the benefit of Military Service is admissible to those persons who served the armed forces during the emergency period i.e. from 26.10.1962 to 9.1.1968. Since he did not serve the armed forces during the period of emergency, the benefit was not admissible to him. He was, therefore, given a show cause notice vide this office Memo.No. 46897-A/SBIII(2), dated 23.12.82 as to why the benefit granted to him vide letter No. EA2/13593-614, dated 23.5.80, should not be withdrawn. His reply to the show cause notice dated 30.12.82 considered and found unsatisfactory. Keeping in view the facts of the case, the benefit of military service allowed vide this office order No. EA2/13593-614, dated 23.5.1980 is hereby withdrawn."
(3.) If the State Government had passed its earlier order under a wrong impression it should have before passing the order dated 22.5.84 approached the High Court and prayed for the modification of the order passed by it on 26th May, 1980. Instead of following that procedure, the State Government proceeded to pass the impugned order dated 22.5.84. It was not permissible for the State Government to have ignored the order of the High Court dt. 26.5.80 and to pass the impugned order. The order dated 22.5.84 is therefore, set aside. The State Government is directed to act in compliance with the order of the High Court dated 26th May, 1980. The Petition is accordingly allowed. Petition allowed.;