M.R. Agnihotri, J. - (1.) In this writ petition under Articles 226 and 227 of the Constitution of India, petitioner Arjan Singh vaid has prayed for the issuance of the mandamus commanding the State of Punjab and the Director, Public Instruction (Schools), Punjab, to grant the petitioner the benefits of his approved Army Service towards pay, increments, seniority and other consequential benefits. Claiming the aforesaid benefits, he has also prayed for the quashing of the impugned order dated 16th June, 1976 (Annexure P-3), by which the relief claimed by the petitioner has been rejected by the Director, Public Instruction, Punjab.
(2.) The petitioner was appointed as an un-trained Master on 17th Oct., 1954, in the former State of Punjab. During service, he qualified B.Ed. Examination and later on joined the Armed Forces on 19th July, 1963. He served the Army for five years and a month and was released therefrom on 31st Aug., 1968. At that time, he was a trained graduate and was eligible as well as qualified for being appointed as Head-master in the Punjab Education Department. However, on the following day, that is, on 1st. Sept., 1968, he was again appointed as an unadjusted teacher. Later on, he made a representation that he was entitled to the benefits of the Army service admissible under the policy decision of the State Government as circulated by the Chief Secretary to Government, Punjab, on 19th Oct., 1965 and that he should have been promoted and considered as Headmaster w.e.f. 1st Sept., 1968. Reliance is placed by him on the instructions dated 19th Oct., 1965, which inter alia provides as under:- "....Government employees in all the services who join military service during the present Emergency should, on their return, be absorbed in posts for which they possess the necessary qualifications. If the vacancies which have either been reserved for them or have not been filled on a substantive basis are not sufficient to absorb them, the requisite number of suitable- additional posts would be created for that purpose."
(3.) Though it is not disputed that the aforesaid benefit has already been given to the petitioner by order dated 9th June, 1969 (Annexure P-2) whereby he has been appointed as Master in the grade of Rs. 110-8-190/10-250 with effect from 22nd May, 1964,. yet the petitioner contends that this benefit has been given to him in routine on the basis of his seniority as well as qualifications. So, according to him, his grievance still remains that the benefit of Military Service was not given to him. When he repeated his request by subsequent representation, the same was rejected on 16th June, 1976 (Annexure P-3) by informing him that the same had already been granted to him in 1968 as Master and could not be given once again in the capacity of Headmaster.;