J. M. Tandon, J. - (1.) Petitioners Nos 1 to 5 joined the Indian Army as Clerks in 1963, petitioner No 6 in 1966 and petitioner No. 7 in 1965. Petitioner No 1 was medically boarded out on April 11, 1970, petitioner No.2 on Oct. 7, 1968, petitioner No. 3 on May 13, 1972, petitioner No. 4 on April 27, 1970, petitioner No. 5 on Aug. 17, 1966, petitioner No. 6 on June 19, 1970, and petitioner No. 7 on June 15, 1967. The petitioners who were non-First Division Matriculates after their release applied for the posts of Clerks advertised by Subordinate Services Selection Board, Haryana They were selected and appointed as Clerks in the Secretariat at Chandigarh. Petitioners Nos 1 to 6 joined on Jan. 25, 1973, and petitioner No. 7 on March 13, 1973. Under the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter the Rules) the petitioners were entitled to the benefits in lieu of their military service towards increments, seniority and pension. The petitioners claim that they applied for such benefits and consequently their seniority was refixed by allowing them the benefit of their military service The benefit towards increments is being kept pending. In 1976 the State of Haryana amended the Rules by the Punjab Government Emergency (Concession) Haryana First Amendment Rules, 1976, (hereinafter the Amending Rules, 1976) whereby a proviso was added to Clause Hi) of Rule 4 disentitling a person the benefit of seniority who had been given appointment by relaxation in qualification under rule 3 (3) of the Rules The case of the petitioners is that the Amending Rules 1976 which are even otherwise ultra vires and void cannot adversely affect them because no relaxation was involved or given in their cases and further their seniority had already been fixed when they came into force. The petitioners have, consequently, filed the present writ praying that the Amending Rules 1976 be quashed and the State of Haryana be directed to grant full benefits to the petitioners under the Rules in lieu of their military service, including the seniority.
(2.) The State of Haryana in its written statement admitted that the petitioners had joined the Army and were medically boarded out. It was averred that they were appointed in the Civil Secretariat at Chandigarh by relaxation of the educational qualification prescribed under Rule 5 (a) of the Punjab Civil Secretariat (State Service Class III) Rules because they being Matriculates did not possess the requisite qualification of being graduates The petitioners are thus not entitled to the benefit of seniority in lieu of military service under the Amending Rules, 1976. The petitioners at no time were given the benefit of seniority. They have since been given the benefit towards increments.
(3.) The Punjab Government National Emergency (Concession) Rules, 1965, came into force on July 20, 1965. The relevant parts of Rules 3 and A read as under:- "3. Maximum age limit and minimum qualification - (1) ... ... ... -(2) (3) In case a person who has rendered military service does not possess the minimum qualifications prescribed for any service or post, he shall be deemed to possess these qualifications if the appointing authority certifies that such a person has acquired by experience or otherwise qualifications equivalent to those prescribed for that service or post. 4. Increments, Seniority and pension - Period of military service shall count for increments, seniority and pension as under:- (i) Increments:- The period spent by a person on military service, after attaining the minimum age prescribed for appointment to any service or post, to which he is appointed, shall count for increments. Where no such minimum age is prescribed the minimum age shall be as laid down in rules 3.9, 3.10 and 3.11 of the Punjab Civil Services Rules, Volume II. This concession shall, however, be admissible only on first appointment. (ii) Seniority. - The period of military service mentioned in clause (i) shall be taken into consideration for the purpose of determining the seniority of a person who has rendered military service. (iii) Pension...;