IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.1680 of 2011 Date of decision : 31.1.2011 Sh.Ranjit Singh ....Petitioner Versus The Financial Commissioner & Principal Secretary to Government Haryana and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. Bhag Singh, Advocate for the petitioner. ..... MAHESH GROVER, J. The petitioner claims that the benefit of military service be given to him for the purpose of fixation of pay etc. He claims that he was recruited in the Indian Air force on 15.6.1962 and discharged from the force on 14.6.1971. Thereafter he was appointed as Clerk in the Civil Secretariat, Haryana, Chandigarh and then he was selected as Junior Technical Assistant in the Industries Department, Haryana on the recommendation of the Haryana Subordinate Staff Selection Board. He resigned from the post of Clerk to join the Industries Department on 28.6.1973. He thereafter retired on 31.7.2001 on attaining the age of superannuation. His prayer is thus confined to the plea that he having served the Indian Air Force during the emergency, the benefit of service should be granted to him while computing the C.W.P.No.1680 of 2011 -2- financial benefits. After having unsuccessfully filed several representations he filed CWP No.673 of 2010 which was disposed of with a direction to the respondents to decide the legal notice served by the petitioner upon them, which notice has since been decided and the prayer of the petitioner has been declined. Learned counsel for the petitioner assailed the order Annexure P-15 to contend that the benefit of emergency service has been wrongly declined to him. However, on perusal of the impugned orders, I do not find any infirmity therein. The petitioner joined the Indian Air Force prior to the proclamation of emergency. It was thus a conscious effort by the petitioner to choose a career in the Air Force and he did not respond to the call of the nation when the emergency was declared. The spirit of the rules and instructions contemplating the counting of the period of service rendered by a person in the Armed Forces as a response to the emergency, is that such a person should be adequately compensated for the service while responding to the call of the nation. But if a person chooses the Armed Forces as a preferential career and relinquishes such a Force thereafter to pursue his career on the civil side, then it cannot be said that he is entitled to such benefits. The impugned order does not suffer from any infirmity so as to warrant the interference under Articles 226/227 of the Constitution of India. No ground to interfere. Dismissed. 31.1.2011 (MAHESH GROVER) JUDGE dss