Sabina, J. - (1.) THIS petition has been filed by the petitioners seeking a direction to the respondents to grant them military service benefits in the matter of their pay fixation, increments, seniority, promotion and devised promotional scales on completion of 9 -16 -23 years of service.
(2.) CASE of the petitioners, in brief, is that they had joined Indian Army and had served the nation during the period of first emergency. The particulars of the army service rendered by the petitioners, as given in para 3 of the petition, read as under: - JUDGEMENT_941_TLP&H0_2014.htm 3. After being relieved from the army, petitioners joined the service of the respondent -board. Case of the petitioners is that the military service rendered by them was liable to be counted towards pay fixation, seniority, promotion and devised promotional scales. 4. Learned counsel for the petitioners has submitted that the military service rendered by the petitioners was liable to be counted towards pay fixation, increment, seniority, promotion and devised promotional scales by the respondent -board.
(4.) NONE has appeared on behalf the respondents. However, written statement on behalf of respondents No. 1 to 3 is on record. Preliminary objections taken by the respondents read as under: - 1. That the present petition is wholly mis -conceived and not maintainable because the petitioners have already been granted the benefit of Military Service rendered during the National Emergency towards their pay fixation and seniority. The petitioners through the present writ petition are seeking the benefit of Military service towards bifurcation of cadre of Clerks to Senior Scale Clerks & Clerks w.e.f. 1.1.1978 and the benefit of devised time bound promotional scales introduced in the respondent -board w.e.f. 1.1.86. Both the claims of the petitioners are un -tenable on the grounds mentioned hereinafter. 2. That prior to 1.1.86 the respondent -Board had been adopting the Punjab Govt. Pay Scales for its employees working in its Irrigation (Civil Wing) and Punjab state Elec. Board's Pay scales for the employees working in its Power Wing. In the Year 1992, a policy decision was taken to adopt the PSEB Pay Scales for the employees working in the Irrigation Wing of the respondent -board w.e.f. 1.1.86 in order to bring about parity in the pay scales and allowances of the employees working in Irrigation & Power Wings of the respondent -Board. 3. That in so far as the claim of the petitioners for giving benefit of Military Service rendered during National Emergency towards bifurcation of cadre of clerks into Senior Clerks and Clerks w.e.f. 1.1.78 it is submitted that the Punjab National Emergency (Concessions) Rules 1965 promulgated by the state of Punjab only provided for the grant of benefit of Military Service rendered during National Emergency towards pay fixation, seniority for promotion and for computation of pension and not for any other purposes. It is pertinently mentioned that the bifurcation of cadre of clerks into senior clerks and clerks on 50 : 50 basis did not constitute pro motion. As such the petitioners were not entitled to the Military Service benefit towards bifurcation of cadre of Clerks w.e.f. 1.1.78. The respondent -Board therefore, rightly clarified through its letter dated 16.8.94 at Annexure P -6 that the benefit of this service is not to be given after bifurcating the cadre of clerks into senior clerks and clerks from 1.1.78. 4. That regarding the benefit of Military Service towards grant of devised promotional scales for rendering 16 & 23 years of service, it is respectfully submitted that this benefit of devised promotional scale has emanated from the adoption of PSEB Pay Scales by the respondent -Board in the year 1992 w.e.f. 1.1.86. The PSEB whose pattern is now being followed by the respondent -Board in regard to the pay scales, there is no provision for grant of benefit of Military Service rendered during' the National Emergency under the 1965 Rules for allowing proficiency step up (s) Devised Promotional Scales. The benefit claimed by the petitioners is not even granted to the servicemen employed in the Punjab State Elecy. Board. It was in this context that the clarification was issued by the respondent -Board vide letter dated 3.5.94 at Annexure P -5 that the benefit of Military Service rendered during Emergency will not be given towards promotional/devised promotional scales & completion of 9/16 years of service and also after 23 years of service. This period has to be reckoned from the actual date of joining the respondent -Board. 5. That it is respectfully submitted that the Petitioners in the present writ petition have themselves admitted that they have been allowed to avail the benefit of military service rendered by them during National Emergency towards pay fixation 1965 Rules. They have also been granted the benefit of Military Service rendered during National Emergency towards fixation of seniority for the purposes of grant of scale of Senior Clerks/Junior Assistants as well as for the grant of proficiency step -ups w.e.f. 1.1.86. 6. That in the facts & circumstances mentioned, the petitioners are not entitled to any other benefit of the Military Service rendered during National Emergency except the one already granted to them and their writ petition deserves out right dismissal there being no merit in the same.;