- (1.) Sikander Singh, Sectional Officer, Irrigation Branch, Punjab seeks writ of mandamus under Article 226 of the Constitution directing the respondent-State of Punjab to promote him out of turn by relaxing the service rules as he had rendered meritorious service during Indo-Pak War of 1971. The petitioner joined Development Deptt. as Overseer in 1961. His services were diverted to the Irrigation Branch in 1963 through S.S. Board, Punjab. Sampuran Singh, Megha Singh and Gurnam Singh, who were junior to the petitioner, were allowed out of turn promotion as they had rendered meritorious service during Indo-Pak War. Copy of the order dated August 21, 1974, is Annexure P-1. The petitioner had also rendered help to the Military authorities while he was posted in the border area and his work was appreciated and an entry in the service record of the petitioner was recorded in 1972 which reads as under : "He was hardworking and intelligent S.O. During War he was helpful to Jawans in rural area and telling them safe, short-cut routes to reach border. Recommended for promotion as he worked at the risk of his life. Sd/- XEN (25.8.1972) Seen/S.E." The Executive Engineer, Chuhar Singh, reissued a certificate to the petitioner in this respect, copy of which is Annexure P-2. It is dated April 15, 1982. The petitioner made representation to the Chief Engineer for getting benefit of out of turn promotion under the policy decision as he had rendered meritorious service during the Indo-Pak War. The other representation is Annexure P-4 dated October 7, 1974 Sampuran Singh and others were reverted in 1977, vide order Annexure P-6. Subsequently, the order was recalled vide order Annexure P-7 dated October 29, 1980. Annexure P-8 is the representation made to the Punjab Government by the petitioner on April 15, 1982. The request of the petitioner was declined vide order Annexure P-9 dated August 25, 1983. Hence this Writ Petition.
(2.) The stand of the respondent-State of Punjab is that Sampuran Singh and others were allowed promotion out of turn as they had rendered meritorious service during Indo-Pak War. The claim of the petitioner was declined on the ground that he had not rendered meritorious service though he did render some help to the Military authorities. After ten years, the petitioner could not get the relief.
(3.) I have heard learned counsel for the parties and in my view, the stand of the respondents does not appear to be justified. When the Government has formulated a policy to allow promotion out of turn to all those employees who had rendered meritorious service during Indo-Pak War of 1971, all the employees are to be treated at par and there could not be any discrimination. The very fact that an entry was recorded in service book of the petitioner that he had rendered help to the Military authorities indicates that it was meritorious service. Otherwise, there was no sense in recording remark of appreciation in the service book as noticed above if no benefit could be given to the petitioner. The mere fact that the petitioner at that time did not consider it proper to obtain any certificate of meritorious service from the Military will be no ground to deny the benefit to the petitioner of the policy formulated afterwards by the State. This Court has allowed similar benefit to others as a precedent copy of the judgment of this Court in Banarsi Dass v. The State of Punjab and another, 1975 Civil Writ Petition No. 7094, decided by D.S. Tewatia, J., on February 2, 1983, is on the record.;