IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- C. W. P. No. 15364 of 1992 Date of Decision:- 16.4.2009. Devi Dayal and another .... Petitioners Versus State of Haryana and Another .... Respondents. CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA. Present:- Mr. Amit Jain, Advocate, for the petitioners. Mr. Ravi Dutt Sharma, DAG, Haryana. Hemant Gupta, J. Petitioners have challenged the order Annexure P-1 whereby the benefit of Military Service granted to the petitioners, was withdrawn. Petitioner No. 1 joined the Military Service on 2.1.1962, whereas petitioner No.2 on 8.7.1961. The petitioners have remained in service up to 1.10.1979 and 24.1.1977 respectively. The petitioners were granted the benefit of Military Services in terms of Punjab Government National Emergency (Concession) Rules 1965. The issue whether the candidate who has joined Military Service prior to the proclamation of National Emergency, is entitled to the benefit of Military Service is no longer res integra. The Hon'ble Supreme Court in Dhan Singh and others Vs. State of Haryana and others, 1991 Supp (2) SCC 190 has held that the personnel who have joined military service prior to the declaration of National Emergency and joined Civil Post after 1976 after amendment of Rule -4 on 22.3.1976 are not entitled to the benefit of Military Service. C. W. P. No. 15364 of 1992 -2- In view of the above judgment of Hon'ble Supreme Court, the petitioners are not entitled to the benefit of Military Service. Therefore, I do not find any illegality or irregularity in the order passed withdrawing the benefit of Military Service granted to the petitioners. The present petition is, thus, dismissed April 16, 2009 (Hemant Gupta) tripti Judge