Bakshish Kaur, J. - (1.) THE petitioner has invoked the extra -ordinary jurisdiction of this Court by filing this writ petition with a prayer that the respondents be directed to fix his seniority by taking into consideration the services rendered by him in the Army during Emergency period.
(2.) THE petitioner joined the Indian Army on January 2, 1964 during the period of Emergency and he was discharged from military service on 6.7.1979 on medical grounds. Me was selected as Inspector in the Punjab Co -operative Bank and appointed as such on 8.5.1981 as per appointment letter Annexure P -1. He made an application to the Registrar, Cooperative Societies, Punjab, Annexure P -2 for adjustment of seniority and service increments taking into account the service rendered by him in Army in view of the Punjab State Emergency Rules, 1965 (hereinafter referred to as the 1965 Rules'). No action was taken. He also submitted reminder, copy whereof is Annexure P -3 dated 4.7.1984. It was returned with the observation that he should submit the application after enclosing certain documents. He again submitted an application along -with certificate of discharge from the military services as well as an affidavit that he had not claimed the military benefit from the Cooperative Department till date. It was again returned this time with the remarks that he cannot be given the benefits as these benefits were not available then. The impugned action has been challenged on the ground that once the petitioner was entitled to increments and seniority, the same could not be denied to him. The respondents in their joint written statement, have admitted certain facts such as the averment regarding service rendered by the petitioner in the Army and later on his appointment as Inspector. But it is denied that the petitioner is entitled to any benefits of the service rendered by him in the Army in view of the 1965 rules because he was recruited against a reserved vacancy under the Demobilized Armed Forces Personnel (Reservation of Vacancies in the Punjab State Non -Technical Services) Rules, 1968 (hereinafter referred to as 'the 1968 Rules') which remained in force till 11.2.1982, therefore, he is not entitled to avail any benefit of military service under the Punjab Government National Emergency (Concession) Rules, 1965. The benefit of 1968 rules would have been admissible to him only if he had fulfilled the basic qualifications prescribed for the post of inspector. Cooperative Societies. He was under graduate on 2.1.1964 i.e. on the date when he joined the Indian Army, He had passed the graduation only on 30.6.1979 and he was discharged from military service on 6.7.1979, therefore, he become eligible for the posts of Inspector only from 30.6.1979 (the date of his passing the graduation). Therefore, he did not fulfil the basic qualification for the post of Inspector at the time of joining the military service. The benefits under 1968 rules are, therefore, not available to him.
(3.) I have heard Shri Sushant Maini, learned Deputy Advocate General Punjab. None has, however, appeared on behalf of the petitioner despite the fact that the petitioner's counsel was informed by the office.;