Rajesh Bindal, J. - (1.) The prayer made in the present petition is for issuance of a direction to the respondents to grant the benefits of military service for seniority, increments and consequential benefits.
(2.) Briefly the facts, as stated in the petition, are that petitioner joined Indian Army on August 24, 1968. He participated in the Pakistan aggression of 1971. However, he was invalidated out of the Army on medical grounds under Army Rule 13 (3) III (iii), on January 11, 1974. After release from Army, the petitioner was duly selected and appointed as Clerk with the respondents through the Punjab Subordinate Services Selection Board. His appointment was against the vacancy reserved for the ex -serviceman. The petitioner joined his duty on September 28, 1977. As the petitioner was entitled to fixation of his seniority in terms of the provisions of the Demobalised Armed Forces Personnel (Reservation of Vacancies in Punjab State non Technical Services ) Rules, 1968 ( for short "the 1968 Rules"), he moved various representations to the respondents, which yielded no result. Under these circumstances, the petitioner filed the present writ petition in this Court relying upon the provisions of the 1968 Rules.
(3.) The claim made by the petitioner in the writ petition is contested by respondents by filing written statement. It is submitted that as the petitioner did not render military service during the period of emergency between November 1, 1962 to January 10, 1968, in terms of the provisions of the Government National Emergency (Concession) Rules, 1965 ( for short "the 1965 Rules"), and the 1968 Rules, the period of service of the petitioner in the armed forces could not be considered for grant of benefits sought by the petitioner. Earlier the petitioner was erroneously granted the benefits of military service, which were later on withdrawn vide order dated May 22, 1984 after giving a show cause notice. The judgment of Hon'ble Supreme Court in Ex. Capt. A.S.Parmar and Ors. v/s. : AIR1986SC1183 was relied upon. Heard learned Counsel for the parties and perused the paper book.;