- (1.) The petitioner is an ex-serviceman from the Indian Air Force. He was duly selected in the Indian Air Force on 02.01.1964. On 31.01.1979, he was released as corporal, from the Indian Air Force. Thereafter, the petitioner was duly selected and appointed as Diesel Pump Attendant and joined his duties at Amritsar, under respondent No. 3, on 01.02.1982, and retired from service on 29.02.2004. It was stated that as per Rule 4 of the Punjab Government National Emergency (Concession), Rules 1965, the petitioner was required to be granted the benefit with regard to increments, seniority and pension, for the period, her served the Indian Air Force, during the first emergency. Though, the rules, referred to above, cast statutory obligation, on the respondents, to grant the petitioner, the benefit of military service, rendered after 02.01.1964 yet his claim for seniority was kept pending after counting only a part of his service, towards increments. When the grievance of the petitioner, was not redressed, he filed the instant Civil Writ Petition, wherein, interim order dated 28.04.2006, was passed by this Court, that he should make a representation to the respondents. Thereafter, the petitioner made a representation, to the respondents, and the order dated 06.06.2006, was passed, whereby, he was declined the benefit of seniority, for the period of military service. Thereafter, the writ petition was amended, wherein, the order dated 06.06.2006, was challenged, as illegal, void, unconstitutional and inoperative against the rights of the petitioner. Accordingly, a prayer was made that a Writ in the nature of mandamus, be issued to the respondents, to grant him the full benefit of his military service, towards increments, seniority, promotion, step-up increments etc. Further prayer for the issuance of a Writ of Certiorari, quashing the order dated 06.06.2006 (annexure P9) was also made.
(2.) The respondents, in their written statement, admitted that the petitioner served in the Indian Air Force from 01.01.1964 to 31.01.1979. It was also admitted that he was appointed as Diesel Pump Attendant, and joined, as such, under respondent No. 3. The national emergency was proclaimed in the Country twice i.e. for the first time from 06.10.1962 to 09.01.1968, and for the second time, from 03.12.1971 to 03.07.1977. It was admitted that the petitioner has since retired from service. It was further stated that relying upon Jang Singh v. State of Punjab, a Full Bench decision of this Court, the petitioner was granted the benefit of increments, for the military service, for the period of first emergency, from 02.01.1964 to 09.01.1968. It was further stated that, as per the judgment, referred to above, the petitioner was not entitled to the benefit of seniority, for the aforesaid period, and, as such, the same was declined vide order dated 06.06.2006. It was further stated that the order dated 06.06.2006 (Annexure P9) was legal, valid and operative against the rights of the petitioner. The remaining averments, were denied being wrong.
(3.) I have heard learned Counsel for the parties and have gone through the record of the case, carefully.;