I.S.Tiwana, J. - (1.) During the course of Emergency declared on Oct. 26, 1962, the petitioners joined Military Service on July 29, 1963 and July 23, 1963 respectively. They were conceded released from that service on compassionate grounds on Sept., 14, 1972 and Oct. 14, 1973. Later, they were selected and appointed as Clerks by the District and Sessions Judge, Faridkot on Jan. 2, 1974 and Dec. 7, 1973 respectively. Having joined the Civil service, they claimed benefits of the Punjab Government National, Emergency (Concession) Rules, 1965, (for short, the 1965 Rules) in matters of their seniority, increments, pension etc. Their representation to this effect was forwarded by the District and Sessions Judge, Faridkot, to this Court and it was declined on the administrative side. The petitioners now impugn this action of denying the benefits of the above-said rules to them.
(2.) The action is sought to be justified by the respondents on the ground that firstly the 1965 Rules stood repealed with the enforcement of the released Armed Forces Personnel (Reservation of Vacancies in the Punjab State Non-Technical Services) Rules, 1968 and secondly with the substitution of rule 2 of the later-mentioned Rules vide Punjab Government Notification No. GSR-50/Const./Amd. (2)-77, dated 20th April, 1977, with retrospective effect i.e. Feb. 28, 1973, the petitioners who had been released on compassionate grounds could not be treated as released Armed Force Personnel.
(3.) Having heard the learned counsel for the parties at some length, I find no merit in the stand taken by the respondents. Both the contentions raised on their behalf, as noticed above, by new stand negatived by the judicial pronouncements of this Court. It has been ruled in Shri Pritam Chand Vs. State of Punjab and another, 1979 (3) SLR 302, that two sets of rules referred to above exist side by side and the former do not stand repealed by the 1968 Rules. A similar view has been expressed by me in Amarjit Singh Kaleka Vs. State of Punjab and others, CWP No. 933 of 1984 .;