IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M.No.1748-C of 2009 in RSA No.617 of 2009 (O&M) Date of decision: 12.02.2009 State of Haryana ....Appellant versus Himmat Singh ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: Mr. Madan Gupta, Senior DAG, Haryana. Vinod K. Sharma, J(Oral) C.M.No.1748-C of 2009 This is an application under Section 5 of the Limitation Act for condonation the delay of 17 days in filing the appeal. It has been averred in the application that the delay had occurred due to long departmental process in obtaining permission for filing the appeal. For the reasons stated in the application, C.M. is allowed The delay of 17 days in filing the appeal is ordered to be condoned. RSA No.617 of 2009 This regular second appeal is directed against the judgments and decree dated 17.08.2007 and 06.10.2008 passed by the learned Court below vide which suit filed by the plaintiff-respondent for declaration with consequential relief claiming benefit of 7 years and 22 days in service during the period of emergency, stands decreed. RSA No.617 of 2009 (O&M) - 2 - The learned Courts below placed reliance upon the judgment in the case of 'Balbir Singh v. State of Punjab and others-1998(2) RSJ, 124, wherein this Court was pleaded to lay down as under :- “In para 2 of the writ petition, it is stated that the petitioner served in the Indian Army as Havaldar Instructor from 4th November, 1963 to 21st August, 1979. In terms of the law laid down by this Court in Jang Singh (supra) the service rendered in the Indian Army can be counted only for the period when the emergency was in operation. In para 19 of the judgment in the case of Jang Singh (supra) it has been stated that the first emergency was from 26.12.1962 to 10.1.1968 while the other was from 3.12.1971 to 3.7.1977. Accordingly, I hold that the petitioner shall be entitled for counting the period from 4.9.1963 to 10.1.1968 and from 3.12.1971 to 3.7.1977, for the purpose of increment, seniority and pension in accordance with Rule 4 of the Punjab Government National Emergency (concession) Rules, 1965. The respondents are directed to compute the benefits in accordance with the observations given herein above within four months. I further direct that the petitioner will be entitled to consequential benefits for refixation of pay. However, the arrears so calculated shall be confined to 38 months prior to the date of filing the writ petition.” The judgments and decree passed by learned Courts below are in terms of law laid down by this Court. In view of settled law, this appeal does not raise any substantial questions of law. No merit. Dismissed. (VINOD K. SHARMA) JUDGE 12.02.2009 sanjeev