S. S. Kang., J. - (1.) The two writ petitions (Nos 2065 of 1976 and 1088 of 1080; raise questions of far reaching importance whether the petitioners, who are Ex-emergency Commissioned Officers, are entitled to count their military service towards seniority in the Civil posts held by them as amenable to common disposal.
(2.) First to the factual matrix-after serving the Army for more than five years as Ex-emergency Commissioned Officers, the petitioners were released on different dates in the year 1969-70. They are all diploma holders in Civil Engineering.
(3.) In 1969, the Haryana Government on the recommendations of the State Public Service Commission made appointments to 55 posts of temporary Assistant Engineers in Public Works Department (Buildings and Roads Branch), though 21 out of these posts were reserved for the Ex-emergency Commissioned Officers/Servicemen. Only 7 such officers were found suitable and appointed against these posts. Petitioners A. S. Parmar and S K. Chopra were amongst them Again appointments to 93 posts of temporary Assistant Engineers in the general category were made in 1971. 50 posts out of these were reserved for the Ex- emergency Commissioned Officers/Servicemen. However, only 8 Ex-emergency Commissioned Officers were appointed against these reserved posts. Petitioners other than Sarvshri A. S. Parmar and S K. Chopra were appointed in this batch. On their appointment as Sub- Divisional Engineers, they became entitled to get their seniority in the civil posts fixed after counting their military service in view of the provisions of Rule 4 of the- Punjab Government National Emergency (Concession) Rules 1965 (for short 'the 1965 Rules). Despite repeated representations, the petitioners were not given this benefit. A gradation list was prepared and the petitioners were not shown at their rightful places by illegally ignoring their military services To the shock of the petitioners, the State of Haryana introduced the Punjab Government National Emergency (Concession) Haryana First Amendment Rules 1976 and thereby introduced a proviso to clause (ii) of rule 4 of the 1965 Rules, which reads as under:- "Provided that a person who has availed of concession under sub-rule (3) of rule 3 shall not be entitled to the concession under this clause. " This proviso was given a retrospective effect and was made applicable from 1st of Nov., 1966 The petitioners have filed these writ petitions praying that the Punjab Government National Emergency (Concession) Haryana First Amendment Rules, 1976, be declared ultra vires, the seniority list of Haryana Service of Engineers, Public Works Department (Roads and Buildings Branch) Class II, be quashed respondents Nos. 1 and 2 be directed to declare the petitioners senior to respondents No 3 to 102 and to promote them to higher posts of Executive Engineers.;