Gokal Chand Mital, J. - (1.) THE point involved in this set of 10 writ petitions is whether the proviso to Rule 4, added by the Punjab Government National Emergency (Concession) Haryana Third Amendment Rules, 1976 hereinafter referred to as the Third Amendment Rules), in the Punjab Government National Emergency (Concession) Rules, 1965, hereinafter called the Punjab Rules, is ultra vires being violative of Articles 14 and 16 of the Constitution. By the proviso, the benefit of military service for purposes of increments, seniority, pension etc., as contained in Rule 4, is not admissible to those ex -military personnel who were released on compassionate grounds.
(2.) FOR appreciating the point, the facts of C.W. No. 603 of 1979 are being noticed. The Petitioner had joined the Indian Army on 3rd of August, 1963, during the National Emergency and served there till 6th June, 1970, when he was released from military service on compassionate grounds. After release from military service, he was appointed as a Taxation Inspector against a permanent post reserved for ex -servicemen and he joined the duty as Taxation Inspector on 11th December, 1974. After joining in the Taxation Department, he made a representation for the grant of benefits of increments, seniority, pension etc., in pursuance of Rule 4 of the Punjab Rules, a copy of which has been attached as annexure P -3 to the writ petition. While the representation was pending, the Haryana Government amended the aforesaid rules in exercise of its powers under Article 309 of the Constitution of India and by notification dated 5th of November, 1976, published on 9th of November, 1976, the Third Amendment Rules came into force with effect from the 1st day of November, 1966, whereby the proviso was added to Rule 4 of the Punjab Rules, which is as follows: Provided that a person who has been released from the military service on compassionate grounds shall not be entitled to any concession under this rule. A copy of the notification has been attached with the writ petition as annexure P -3. In pursuance of the Haryana Third Amendment Rules, the District Excise and Taxation Officer, Rohtak, vide order dated 6th of January, 1979, informed the Petitioner that he was not entitled to the benefits of increments, seniority and pension etc., as asked for by representation annexure P -l on the ground that he was discharged from military service on compassionate grounds. A copy of this letter is annexed with the petition as P -2. Thereafter, the present writ petition was filed under Articles 226/227 of the Constitution of India challenging the Haryana Third Amendment Rules being violative of Article 14 and 16 of the Constitution.
(3.) THE primary challenge to the Haryana Third Amendment Rules is on the same basis as was to the Haryana Second Amendment Rules, which has been decided by us separately today in C.W. No. 231 of 1979 Dei Chand v. State of Haryana.;