- (1.) The short question involved in this petition filed under Article 226 of the Constitution of India is whether the petitioner is entitled to the benefits of military service including seniority, increments etc. under Rule 4 of The Punjab Government National Emergency (Concession) Rules, 1965 (for short the Rules). The period of proclamation of the first Emergency was from 26.10.1962 to 08.01.1968.
(2.) The facts are that the petitioner joined military service as a Sepoy on 22.02.1958 and was discharged from military service on 27.10.1973. The petitioner, therefore, claims that he rendered military service during the operation of proclamation of emergency made by the President of India. After discharge from the military, the petitioner secured a civil appointment as Driver on 26.3.1974 with the respondent-Corporation against the quota reserved for ex-servicemen.
(3.) The petitioner states that he had earlier filed CWP No.8482 of 1993 for grant of military service benefits under the 1965 Rules which was disposed of vide order dated 19.07.1993 with a direction to the respondents to dispose of the petitioner's representation. In compliance of that order, the Managing Director of Pepsu Roadway Transport Corporation, Patiala passed an order dated 18.10.1993 (Annexure P-6) rejecting the claim of the petitioner on the ground that benefit of military service under the 1965 Rules was available only to those employees who joined military service on or after 01.11.1962 (sic, should be read as 26.10.1962) and were not in receipt of military pension. It is this order which has been impugned in this petition.;