Civil Writ Petition No. 5929 of 1993 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No. 5929 of 1993 Date of decision:- 25.07.2011 Harjit Singh and another ....Petitioners Vs. State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL Present:- Mr. Pankaj Mulwani, Advocate, with Mr. Bhupesh Dogra, Advocate, for the petitioners. Mr. P.C. Goyal, Addl. A.G., Punjab. ***** A.N. JINDAL, J (ORAL) The petitioners have invoked the provisions of Article 226 of the Constitution of India for quashing the promotion orders dated 17.02.1993 & 29.04.1993 (Annexures P-17 and P-18) of respondent Nos.4 and 6 respectively. The petitioners have further sought direction to the respondents to promote them (petitioners) as Assistant Registrar on the basis of final seniority list as on 01.03.1974. The grievance of the petitioners is that respondent Nos.3, 4, 5 and 8 were wrongly awarded the benefit of Military service twice; once under the Demobilised Armed Forces Personnel (Reservation of Vacancies in the Punjab State Non- Technical Services) Rules, 1968 (hereinafter referred to as 'the Civil Writ Petition No. 5929 of 1993 2 Demobilised Rules) and thereafter, under the Punjab Government National Emergency Concession Rules, 1965 and the Government instructions issued thereunder. On the other hand, respondents No.3, 4, 5, 6 and 8 in their reply, have submitted that they have been granted Military service benefit only under the Demobilised Rules and respondent No.6 was given benefit because he hails from Backward Class. Respondent Nos. 1 and 2 have stated that tentative seniority list was circulated as per position prevailing as on 31.03.1989. The representation of respondent No.3 was also rejected. However, on filing of the Writ Petition No.6082 of 1991 by him, the respondents were directed to decide the same within two months. In the light of that decision, the case of respondent No.3 was considered afresh and the Government had decided to award him Military service benefit under the National Emergency Concession Rules, 1965. Thereafter, on seeking objections from all concerned, including the affected parties, the provisional decision was made final on 24.07.1991. As such, respondent No.3 was placed at Serial No.89 in the tentative seniority list of the Inspectors as on 31.03.1989. Despite the fact that the petitioners were directed to submit their objections, they did not prefer to do so. After considering their representations, respondent Nos.3, 4, 5 and 8 were given benefit of the Military service and respondent No.6 was given the benefit on account of he being from Backward Class, whereas representation of Dalip Singh was rejected and the seniority list was improved accordingly. Even by now, the petitioners have already retired from Civil Writ Petition No. 5929 of 1993 3 service. Under the aforesaid circumstances, it would not be appropriate to award them notional benefits without any basis. No grounds to interfere. Dismissed. (A.N.JINDAL) 25th of July, 2011 JUDGE ajp