M.M.KUMAR, J. - (1.) This petition filed under Article 226 of the Constitution prays for issuance of a writ in the nature of certiorari quashing order dated 10/2/2006 (P-6), passed by the Director General of Police, Haryana respondent No. 2, rejecting the representation of the petitioner for considering his military service from 3/12/1971 to 3/7/1977 during the period of national emergency, towards grant of benefits in civil service i.e. for the purposes of promotion, seniority and increments etc. It has further been prayed that direction be issued to count the aforementioned service for the purposes of promotion, seniority and increments.
(2.) Brief facts of the case are that the petitioner was enrolled in the Indian Navy on 17/1/1968 and remained in service up to 17/1/1978 (7/1/1978?). He was discharged from the Indian Navy on 17/1/1978, vide order of the instant date (P-2). According to the discharge certificate, the petitioner has been granted no objection to his taking up civil appointment on or after 8/1/1978. On 6/9/1979, the petitioner joined as Assistant Sub Inspector in the respondent department against the reserved post of Ex-Servicemen and is serving the respondent department. He has earned various promotions and now is posted as Deputy Superintendent of Police at Rohtak. On 6/1/2006, the petitioner submitted a representation to the respondents for grant of benefit of military service rendered by him in pursuance to the Punjab Government National Emergency (Concession) Rules, 1965 (for brevity, 'Emergency Rules 1965'), for reckoning the service rendered by him from 3/12/1971 to 3/7/1977 (P-5). The aforementioned representation has been rejected by the respondents by holding that the claim of the petitioner for benefits of Second Emergency Service has been considered and no such benefits having been extended to the employees of the Haryana Government and, therefore, the representation made by the petitioner has been rejected.
(3.) Mr. Jagat Singh, learned counsel for the petitioner has placed reliance on the Emergency Rules 1965 as amended by the respondent State on 22/1/2005 (P-4) and argued that the same benefit of second emergency to the employees of the State of Punjab has been made available to the Ex-servicemen working on the civil posts in the respondent State. Therefore, he has claimed that the period of military service from 3/12/1971 to 3/7/1977 deserve to be counted on the civil post held by the petitioner in the Police Department, for the purposes of promotion, seniority and increments. According to the learned counsel the rejection of the representation on 10.2.2006 (P-6) runs counter to the Emergency Rules 1965 and, thus, the order is liable to be set aside. In support of his submission, learned counsel has placed reliance on two judgments of this Court in the cases of Narinder Nath Sharma v. State of Punjab and another, 1993 (2) RSJ 173 and Balbir Singh v. State of Punjab, 1998 (2) RSJ 124.;