IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.17253 of 2009 Date of Decision: November 11, 2009 Ajmer Singh .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Mandeep K. Sajjan, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) The petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to release all the service benefits after counting military service rendered by the petitioner from 13.8.1953 to 12.8.1965 by fixation of pay, seniority, pension, gratuity and other benefits. It has been pleaded that the petitioner, while serving, participated in the two wars and won medals. After retirement, the petitioner joined the respondent-department as CWP No.17253 of 2009 [2] Jeep Driver on 29.12.1969. On 1.2.1971, the petitioner made an application to the Block Development & Panchayat Officer, Zira to count period of service rendered in military towards the service with the respondents. Representation has been placed on record as Annexure P-2. Services of the petitioner were terminated on 10.1.1975. The petitioner preferred an appeal before the Commissioner, Ferozepur Division. The appeal was accepted on 24.3.1976. The Deputy Commissioner was directed to pass fresh orders. The Deputy Commissioner again passed order of dismissal. The petitioner challenged the same before the Civil Court by way of filing a civil suit. The suit was dismissed on 21.2.1979. The petitioner carried an appeal before the District Judge, Ferozepur. The appeal has been accepted. The petitioner has been reinstated. The judgment and decree attained finality as the respondent-department did not carry a second appeal to this Court. The petitioner retired on 31.10.1996. Service of the petitioner w.e.f. 29.12.1969 till the date of retirement, was not counted for purposes of gratuity, commutation, leave encashment, arrears with pay in the new scale and other benefits. The petitioner was CWP No.17253 of 2009 [3] again constrained to approach the Civil Court. Suit was decreed vide judgment and decree dated 27.1.2001. The respondents carried an appeal to the Court of District Judge which was dismissed on 3.9.2002 and the same attained finality. The petitioner approached the respondents to count his military service in accordance with the Punjab Government National Emergency (Concession) Rules, 1965. It has been asserted that the case of the petitioner is covered by the said rules. The benefit has not been given. The petitioner served a legal notice dated 27.9.2008 (Annexure P-5). However, no final decision has been taken. Learned counsel has pointed out that perusal of Annexure P-6 indicates that Block Development & Panchayat Officer, Ghall Khurd, has addressed a memo to the Director, Rural Development & Panchayats Department, Punjab, while sending the service record of the petitioner for counting military service rendered by him and to grant the claim as prayed for in the legal notice. At the level of Director, Rural Development & Panchayats Department, Punjab, however, no action has been taken. I am satisfied that the petitioner is entitled to a decision on his legal notice CWP No.17253 of 2009 [4] (Annexure P-5) which seems to be already under process as would be evident from Annexure P-6. I have also taken note of the fact that the petitioner made a similar request in 1971 by way of representation placed on record as Annexure P-2, however, rights of the petitioner have not been adjudicated and finalised by the executive authorities. Considering the facts and circumstances of the case, this petition is disposed of with directions to the Director, Rural Development & Panchayat Officer, Punjab, to take decision on the legal notice (Annexure P-5) vide a speaking and reasoned order, within a period of four months of receipt of a certified copy of the order. (AJAI LAMBA) November 11, 2009 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?