- (1.) THIS is a letters patent appeal on behalf of the State of Punjab against the judgment and order passed by the learned Single Judge of this Court.
(2.) THE material facts of the case are as follows :-The respondent-writ petitioner served the Army from 11-10-1941 to 25-8-1947. On release from the Army, he was appointed a temporary Clerk in the office of the Deputy Commissioner, Ludhiana, on 25-9-1947, Thereafter, he was offered appointment in the Punjab Roadways as Junior Clerk as war-service candidate He was confirmed on this post on 2010-1959 The petitioner earned two appointments, firstly as Assistant Accountant and thereafter as Junior Auditor
(3.) THE petitioner represented to the Government for the grant of war-service benefit according to the provisions of Rule 6 of the Punjab Government Services (War) Amendment Rules, 1943 (herein referred to as the Rules ). The State granted him benefit of war service towards increment and pension. However, he was not granted the benefit of war-service towards seniority. The State has rejected the claim of the petitioner on the ground that no post was kept reserved for war-service candidate in the omni-bus service, Amritsar, which later on became Punjab Roadways. It was also the stand of the State that if at all the petitioner was entitled to the benefit of war service, he could only claim it on his first appointment in the office of the Deputy Commissioner, Ludhiana which post he joined on 25-9-1947;