C.W.P. No. 11741 of 1990 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.W.P. No. 11741 of 1990 Date of Decision : 6.12.2010 Rup Chand .......... petitioner Versus The Haryana Roadways Engineering Corporation Ltd. Gurgaon ...... Respondent CORAM : HON'BLE MS. JUSTICE RITU BAHRI 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present : Mr. Vivek Goel, Advocate for the petitioner. **** RITU BAHRI, J. (ORAL) This writ petition under Articles 226/227 of the Constitution of India has been filed for issuance of a writ in the nature of mandamus directing the respondents to grant benefit of military service as per the provisions of Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter the 1965 Rules) with all the consequential benefits. The petitioner had served the Army from 8.6.1962 to 20.2.1985. The emergency was declared on October 26, 1962. Admittedly, the petitioner had joined the Army prior to declaration of the emergency. The Hon'ble Division Bench of this Court in the case of the State of Haryana and another Vs. Prem Raj Verma 1998(4) C.W.P. No. 11741 of 1990 2 SLR 613 was seized of a situation where benefit of military service was denied to the persons, who had joined the Army prior to proclamation of emergency. It has been observed by the Hon'ble Division Bench that such person who had joined the Army as career and they had not come on the call of the nation to assist during emergency, are not entitled to the benefits under the 1965 Rules. The learned counsel for the petitioner does not dispute this proposition of law. The writ petition is dismissed but with no order as to costs. 6.12.2010 (RITU BAHRI) 'sp' JUDGE