IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11666 of 1989 (O&M) Date of decision:15.03.2011 Mohinder Singh Virk ....Petitioner versus The State of Punjab and another ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. T.S.Dhindsa, Advocate, for the petitioner. Ms. Rita Kohli, Additional Advocate General, Punjab. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The writ petition seeks for a direction that the petitioner's service in the General Reserve Engineering Force is relevant for being tacked on for service in the army. The learned counsel has referred to the decision in Tirath Singh Versus State of Punjab in Civil Writ Petition No.2973 of 1996, where this Court has given a judgment on 03.10.1996 allowing the writ petition and finding that the respondent was bound to give benefit of service in General Reserve Engineering Force as integral part of the armed forces and also further directed that all benefits which might accrued to him on fixation of seniority by taking the service in the General Reserve Engineering Force to be granted to him. Civil Writ Petition No.11666 of 1989 (O&M) - 2 - 2. On a submission made to the above fact on 11.03.2011, the learned counsel for the State sought for time to verify that the decision rendered by this Court in CWP No.2973 of 1996 had been assailed in any higher forum or whether it had become final. The counsel states that she has obtained no further instructions to inform the Court that there had been any change of decision to how it has been dealt with by this Court in CWP No.2973 of 1996. I take, therefore, the point raised in the writ petition to be fully covered through the decision in CWP No.2973 of 1996 and allow the petition and direct that the determination of seniority and other benefits must be reworked to the petitioner by taking the service in General Reserve Engineering Force as part of his service. If the petitioner had been superannuated already, it will mean that the re-fixation will have relevance for the monetary benefits and for the terminal benefits that accrued to the petitioner. The same shall be reworked and an appropriate decision shall be taken by the respondent and communicated to the party within 8 weeks from the date of receipt of copy of this order. 3. The writ petition is allowed on the above terms. (K.KANNAN) JUDGE 15.03.2011 sanjeev