G.R. Majithia, J. - (1.) THE Plaintiff has come up in Regular Second Appeal against the judgment and decree of the First Appellate Court which on appeal affirmed that of the trial court dismissing his suit for a declaration that he was entitled to the benefit of his army service to be counted towards civil service with effect from January 9, 1963 to March 12, 1966. The facts as found proved are:
(2.) THE Plaintiff joined the army service on January 9, 1963 and was relieved from the said service on May 13, 1967. He was appointed as Secretary, District Soldiers, Sailors and Airmen's Board (hereinafter referred to as the Board) on August 18, 1967. He was initially appointed on purely temporary basis for a period of six months. He applied for his regular appointment as Secretary of the Board pursuant to the advertisement issued by the Haryana Public Service Commission. In the advertisement one of the essential conditions to be fulfilled by the applicants was that he should not be less than 25 years and more than 52 years of age 57 years for members of Scheduled Caste/Tribes and Backward Classes) on 6th February, 1988. The Plaintiff applied for the post on regular basis. The Haryana Public Service Commission selected him and recommended his name for appointment to the State Government. The State Government on receipt of the recommendation of the Haryana Public Service Commission appointed him as Secretary of the Board, -vide order dated June 3, 1968. The Plaintiff was given the benefit of military service towards his civil service, -vide Endorsement No. 1447 -ID -73/8769, dated 14th March, 1973. He was not satisfied with the benefit accorded and claimed the benefit of military service towards civil service as under: (i) From 9th January, 1963 to 13th May, 1967 (both days inclusive) being the period between the dates of discharge from the military service and the date of appointment in civil service. Full benefit of service towards increments, seniority and pension which is admissible to the Plaintiff under the Rules. Benefit admissible to the Plaintiff to the extent of counting this period for the purposes of pension. The claim having been rejected by the authorities necessitated the suit.
(3.) THE pleading of the parties gave rise to the following issues: 1. Whether the Plaintiff is entitled to the service benefits from 9th January, 1963 to 12th March, 1966 rendered in Army? OPP 2. Whether the present suit is not maintainable in the present form ? OPD 3. Whether the Plaintiff has got no locus standi to file the present suit ? OPD 4. Whether the suit is time barred ? OPD 5.WHETHER the suit is bad for non joinder of necessary parties ? OPD Whether the civil court has no jurisdiction to try the pre -sent suit ? OPD 6.RELIEF . ;