M.S. Liberhan, J. - (1.) THIS judgment of ours will dispose of Letters Patent Appeals Nos. 544 and 1372, of 1988 arising out of an order, dated May 31, 1988, granting the benefit of service rendered by Sukhdev Singh Gill, Sectional Officer during the period of External Emergency for the purpose of his seniority, salary and all consequential benefits.
(2.) FACTS that emerged from the Writ Petition, Written Statement, other record produced and not controverted in the course of arguments, are that Sukhdev Singh Gill joined as a Sectional Officer, Municipal Committee, Ludhiana on September 7, 1973, after having been relieved from the post of Superintendent in General Reserve Engineering Force (hereinafter referred to as GREF) which he had joined on November 8, 1966, and from where he was relieved on November 24, 1972. Brij Pal Singh joined as Sectional Officer, Municipal Committee, Ludhiana, on August 25, 1973. The Municipal Services were provincialised somewhere in the year 1975 and were governed by the Municipal Services (Conditions and Service) Rules, 1975. Some time later, the Municipal Committee was converted into & Corporation under the Punjab Municipal Corporation Act, 1976 and the Petitioner's services were governed by the Punjab Municipal Corporation (Service Recruitment and Conditions of Service) Rules, 1978. None of these rules granted any benefit of military service during the Emergency. Sukhdev Singh Gill was treated as junior to Brij Pal Singh. Sometime in 1985, Sukhdev Singh Gill made a demand on the Respondents putting forth a charter of claim for the benefit of military service in terms of the Punjab Government National Emergency (Concession) Rules, 1965. It was averred that the GREF was an integral part of the Indian Army. It was so observed in R. Viswan and Ors. v. Union of India and Ors. : AIR 1983 S.C. 658. Resultantly, he was entitled for the benefit of service rendered in GREF for the purposes of seniority, increments and other consequential benefits like pensionary benefits etc. etc. Arrears of pay and consequential reliefs were sought. The Respondents having declined the necessary reliefs, Sukhdev Singh Gill preferred the Writ Petition in which the learned Single Judge held that GREF is an integral part of the Indian Army and is a part of the Armed Forces. Thus, it was observed that the Petitioner was the member of the Armed Forces and he having rendered service during the period of External Emergency, would be entitled to the benefit provided by the Punjab Government National Emergency (Concession) Rules, 1965 hereinafter referred to as 1965 Rules). The learned Counsel for the Appellant urged that Sukhdev Singh Gill was not entitled to the benefit under 1965 Rules inasmuch as he was never a member of the Armed Forces. The observations of the learned Single Judge that he was a member of the Armed Forces, cannot be sustained.
(3.) IT was further urged that the Writ Petition was liable to be dismissed on the ground of laches. The precedent relied is not relevant to the facts of the case and the observations have been made keeping in view the peculiar facts and circumstances of the said case and has no relevance to the facts and circumstances of this case.;