IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.2664 of 2010 Date of Decision : February 16, 2010. Kans Raj .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.G.S.Bal, Advocate, for the petitioner. -.- 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? --- ORDER Surya Kant, J. (Oral) The petitioner having served the Indian Army for about 20 years including during the period of first National Emergency, joined as a Constable in the Punjab Armed Police on 12.9.1989. He has retired from service on 31.1.2006 on attaining the age of superannuation. He now seeks a mandamus to direct the respondents to grant him the benefit of military service as admissible under Rule 8-A of the Punjab Recruitment Ex- Servicemen Rules, 1982 (hereinafter referred to as the '1982 Rules'), incorporated vide notification dated 8.6.2004 (Annexure P-1), in terms whereof the period spent in 'military service', namely, during the first `National Emergency' starting from 26.10.1962 to 9.1.1968, is to be C.W.P.No .2664 of 2010 2 counted towards `increments'. The petitioner's grievance is that though the amended Rule came into force before he retired on superannuation and he is very much entitled to the benefit thereof, yet the same has been denied to him in a total arbitrary and discriminating manner. In this regard, the petitioner has served the respondents with a legal notice dated 22.11.2009 (Annexure P- 4) but without any response. Having heard learned counsel for the petitioner at some length and considering the nature of relief sought in the writ petition, I deem it appropriate to dispose of the same with a direction to respondent No.2 to consider the claim of the petitioner for the grant of benefit of `military service' towards increment under Rule 8-A of 1982 Rules as amended in the year 2004 and also keeping in view the order dated 9.6.2008 (Annexure P-5) passed by this Court in C.W.P.No.11497 of 2005 (Gur Piara Singh versus State of Punjab and others), preferably within a period of 4 months from the date of receiving a certified copy of this order. If the petitioner is found entitled to the afore-stated benefits, the same shall be released within one month thereafter. Needless to say that in such an eventuality, the petitioner shall also be entitled to the revised pensionary benefits and a separate order in this regard shall be passed. Ordered accordingly. Dasti. 16-02-2010 (SURYA KANT) Mohinder JUDGE