HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.4215 of 1998 (O&M) Date of Decision: 08.07.2011 **** Jagjit Singh . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. RK Arora, Advocate for the petitioner **** SURYA KANT, J. (ORAL) (1). The petitioner who joined the Indian Air Force w.e.f. 05.11.1965 till he was discharged w.e.f. 01.12.1980, seeks a mandamus directing the respondent-Authorities to allow him the benefit of military service towards increments, seniority and pension etc. on his appointment as PTI in the Education Department, Government of Punjab. (2). When this matter came up for preliminary hearing before a Division Bench of this Court on March 25, 1998, it was adjourned sine die to await the decision in LPA No.919 of 1994 wherein somewhat similar issue was involved. (3). It appears that LPA No.919 of 1994 stands decided by the Division Bench on 22.02.2010 after taking notice of the fact that during the pendency of the matter, the Punjab CWP No.4215 of 1998.doc - 2 – Recruitment of Ex-Servicemen (Second Amendment) Rules, 2004 (in short, ‘the Rules’) has been promulgated retrospectively in terms whereof the period of Military service is required to be counted for increments and pension. The Division Bench has accordingly disposed of the LPA with a direction that matter shall be re-considered on Administrative side. (4). In view of the above-noticed later events, I deem it appropriate to dispose of this writ petition with a direction to respondent No.2 to consider the claim of the petitioner in the light of the Amendment carried out in the Rules and if the petitioner is found entitled to the relief, to grant the same within a period of four months from the date of receipt of a certified copy of this order. (5). In case the Authorities decline the petitioner’s request/prayer, he shall be at liberty to impugn the decision before an appropriate forum in accordance with law. (6). Ordered accordingly. Dasti. 08.07.2011 vishal shonkar (S u r y a K a n t) Judge