LPA No. 971 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 971 of 2011 (O&M) Date of Decision 30.05.2011 PRTC -----Appellant Versus Harbhajan Singh and another ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Harsh Aggarwal, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 02.12.2010 rendered by the learned Single Judge holding that the writ petitioner- respondent is entitled to grant of benefits of military service by counting his period of military service rendered by him from 10.05.1963 to 09.06.1968 during the proclamation of 1st National Emergency as contemplated by the Punjab Government National Emergency (Concession) Rules, 1965 (for brevity 'the 1965 Rules'). The learned Single Judge has placed reliance on a Division Bench judgment of this Court rendered in the case of Karam Chand v. LPA No. 971 of 2011 (O&M) -2- State of Punjab and others 2006(3) SLR 849. 2. Mr. Harsh Aggarwal, learned counsel for the appellant- PRTC has argued that there are mistakes in the impugned judgment because benefit has wrongly been given from 10.05.1963 to 09.06.1968. According to learned counsel, the writ petitioner- respondent in fact has joined the military service on 07.11.1963 and the period of emergency came to an end on 10.01.1968. However, he has not been able to point out any distinguishing feature between the case in hand and that of the judgment rendered by this Court in Karam Chand's case (supra). 3. Having heard learned counsel, we are of the considered view that this appeal does not merit admission because the judgment of Division Bench in Karam Chand's case (supra) squarely covers the present matter. However, with regard to factual error pointed out by Mr. Aggrawal, suffice it to say that according to the 1965 Rules, the emergency period has come to an end on 10.01.1968. Therefore, the factual error extending the benefit to 09.06.1968 has to be rectified. The other error with regard to entry of the writ petitioner into military service, learned counsel has pointed out that he entered into military service on 07.11.1963. If that be so then on the basis of his record, his benefit has to be restricted from 07.11.1963 to 10.01.1968. 4. With the aforesaid observations, we dispose of the appeal. The appellant may grant the benefit to the writ petitioner- LPA No. 971 of 2011 (O&M) -3- respondent from 07.11.1963 to 10.1.1968. However, we leave it open to the writ petitioner-respondent appellant that if there is factual error in date of his joining in army service then he can seek clarification of this order by filing an application for clarification. 5. Accordingly, appeal stands disposed of. (M.M. KUMAR) JUDGE (GURDEV SINGH) JUDGE May 30, 2011 Atul