Civil Writ Petition No.4991 of 1996 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.4991 of 1996 Date of decision:- 25.11.2011 Manjit Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. B.S. Sehgal, Advocate for the petitioner. Mr. Gazi Mohd. Umair, DAG Punjab. RITU BAHRI J. The petitioner is seeking benefit of military service rendered by him from 28.8.1974 to 09.6.1979 towards civil service in accordance with Rule 4.3 of the Punjab Civil Service Rules, Volume-II Chapter IV Section III. This period includes War Service from August 1976 to November 1976 (as per the entry in discharge report). The petitioner is also seeking the benefit of regularization w.e.f. 6.6.1980. The petitioner had joined the Indian Army during the proclamation of second emergency on 28.8.1974. He has served total period of 4 years and 283 days. After being discharge from the Army, he joined the Transport Department in the office of District Transport Office as Clerk on 6.6.1980 against a post reserved for ex-servicemen in accordance with reservation policy of State of Punjab. The service of the petitioner was regularized w.e.f. 26.10.1982. The grievance of the petitioner is that he was appointed on regular/permanent post through employment exchange and was entitled to be regularized w.e.f. Civil Writ Petition No.4991 of 1996 -2- 6.6.1980. The petitioner made repeated representations for grant of military service towards increments, seniority and pension and retiral benefits vide representations Annexures P-2 and P-3. A provisional seniority list was circulated showing the petitioner at Serial No.96 in the seniority list. The petitioner has raised an objection and moved a representation that he was placed even below the person, who had joined in the year 1982. In the reply filed by the respondents, his claim for regular appointment w.e.f. 6.6.1980 has been discarded on the ground that he was appointed on adhoc basis. Once he was regularized w.e.f. 26.10.1982 he was not entitled to count adhoc period towards seniority. The petitioner has worked in the Armed Forces during the period from 28.8.1974 to 9.6.1979. As this period is not covered under the Punjab Government National Emergency Concession Rules, 1965 and D.A.F.P. (Reservation of Vacancies in Punjab Government non-technical services) Rules, 1968. The benefit under 1965 Rules has not been extended to anyone who had not worked during the period of emergency i.e. from 1.11.1962 to 1.11.1968. In view of the instructions issued vide order dated 26.10.1982 (Annexure R-1), the petitioner is not entitled to count the period on adhoc service for the purpose of seniority. There is no provision under 1965 Rules to count the period of military service for the purpose of seniority and increments if it is not during the period from 1.11.1962 to 1.11.1968. The order dated 12.10.1995 (Annexure P-8) calls for no interference, the writ petition is dismissed. 25.11.2011 ( RITU BAHRI ) Vijay Asija JUDGE