IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 7906 of 2008 DATE OF DECISION : 14.07.2009 Balwant Raj .... PETITIONER Versus State of Haryana ..... RESPONDENT CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Sushil Gautam, Advocate, for the petitioner. Mr. Parveen Gupta, Advocate, for the respondent. * * * SATISH KUMAR MITTAL , J. The petitioner, who after leaving Indian Air Force joined the services of the Haryana State Electricity Board (now UHBVN) as Graduate Trainee Apprentice, has filed the instant petition for issuing direction to the respondent to fix his seniority by giving him the benefit of 5 years 7 months service (from 3.12.1971 to 3.7.1977), which he had rendered in Indian Air Force during National Emergency, for the purpose of seniority, pension, gratuity etc. The petitioner is claiming the said benefit in view of the Punjab Government National Emergency (Concession) Rules, 1965. In the written statement, filed on behalf of the respondent, it CWP No. 7906 of 2008 -2- has been disclosed that vide office order dated 12.11.1996, the petitioner had already been granted the benefit of military service rendered during the operation of National Emergency from 15.1.1965 to 10.1.1968 i.e. 2 years 11 months. This fact has not been disclosed in the writ petition. It is further conceded position that the petitioner did not challenge the said order, which was passed way back in the year 1996, and filed the instant petition after a delay of more than 12 years. In the written statement, it has been further averred that as per the Government instructions dated 19.2.1991, which were issued in view of the clarification given by the Supreme Court vide its order dated 5.12.1990 passed in Civil Appeal No. 1060 of 1990 against the order dated 11.7.1988 of this Court passed in CWP No. 4705 of 1988, titled as Shri Dhan Singh versus State of Haryana, it was decided that `the benefit of Military service would be admissible to those ex-servicemen who joined the Military service during the period of emergency i.e. 26.10.1962 to 10.1.1968 and the credit of military service would be limited to the period of service rendered during emergency period only.' As per the said instructions, the petitioner has already been granted the benefit of Military service rendered from 15.1.1965 to 10.1.1968. Regarding the service rendered during the National Emergency from 3.12.1971 to 3.7.1977, it has been stated that neither any such policy of the Government was brought on record by the petitioner, under which the said benefit can be granted, nor there is any such policy for grant of the said benefit for the aforesaid period. This fact stated in the written statement has not been controverted. CWP No. 7906 of 2008 -3- Counsel for the petitioner submitted that the petitioner is entitled for counting of his entire Military service rendered during the National Emergency. He submitted that from 3.12.1971 to 3.7.1977, there was National Emergency and the said period should also have been counted for the purpose of pension, gratuity etc. This contention of learned counsel for the petitioner cannot be accepted, in view of the order dated 5.12.1990 passed by the Supreme Court in Civil Appeal No. 1060 of 1990 against the order dated 11.7.1988 of this Court passed in CWP No. 4705 of 1988, titled as Shri Dhan Singh versus State of Haryana, and the instructions dated 19.2.1991, whereby it was clarified that the benefit of Military service would be admissible to those ex-servicemen who joined the Military service during the period of emergency i.e. 26.10.1962 to 10.1.1968 and the credit of military service would be limited to the period of service rendered during emergency period only. As far as the second Emergency declared, there was no instructions for counting the said Military service towards the seniority. Learned counsel for the petitioner could not show any rules or instructions, according to which the benefit of second Emergency from 3.12.1971 to 3.7.1977 was to be granted to the ex-servicemen. In view of the above, I do not find any merit in the instant petition and the same is, hereby, dismissed. July 14, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE