Bakshish Kaur, J. - (1.) THE Petitioner served the Indian Army as Short Service Commissioned Officer from 15.6.1969 to 11.9.1979. He was released from the service after servicing for more than 10 years. On 2.11.1982, he was selected and appointed as Assistant Secretary, Zila Sainik Board (in short the 'Board'), Government of Haryana, and later promoted as Secretary, Board, as per Annexure P -2.
(2.) THE petitioner's claim is that the service rendered by him in the Army should be counted for the purpose of grant of advance increments at the time of joining civil post equal to the completed years of service rendered by him in Armed Forces. The benefits which have not been granted to him till today were in fact given to Mr. V.S. Narwal and Mr. J.S. Bishnoi, ex -Captains. The petitioner's case is similar to their case but the authorities concerned have not considered his case on these guidelines till today. Therefore, a direction may be issued to the respondents to grant him the benefit of military service in the same manner as has been granted to the aforesaid officers. The respondents, in their written statement, admitted the factual position regarding the release of the petitioner from the Indian Army and his appointment as Assistant Secretary on 2.11.1982 but it is pleaded inter -alia that the petitioner is relying on the instructions issued by the Government of India vide Notification No. 2/1/86 ESTT. (P.III) dated 31.7.1986. These instructions have not been adopted by the State Government. Therefore petitioner cannot claim any benefit of these instructions.
(3.) I have heard Shri S.S. Dinarpur, counsel for the petitioner and Ms. Geeta Mutharia, learned AAG, Haryana, for the respondents.;