IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.1040 of 1996 (O&M) Date of decision:27.1.2010 Manmohanjit Singh -----Appellant Vs. Tirath Singh and another -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Rajiv Atma Ram, Sr. Advocate with Mr. Arjun Partap Atma Ram, Advocate for the appellant. Mr.Samuel Gill, Advocate for respondent No.1. Ms. Reeta Kohli, Addl.A.G. Pb. for the State. --- Adarsh Kumar Goel,J. 1. This appeal arises from order directing grant of benefit under the provisions of Punjab Government National Emergency (Concession) Rules, 1965 (for short, ‘the 1965 Rules’). 2. The writ petitioner joined service with the State of Punjab and claimed benefit under the rules by stating LPA No.1040 of 1996 (O&M) that he had rendered military service i.e. General Reserve Engineering Force (GREF). 3. Learned Single Judge allowed the writ petition. In this appeal, reliance has been placed on DB judgment of this Court in LPA No.544 of 1988 (Brij Pal Singh, SDO v. State of Punjab) decided on 10.4.1990, holding that GREF service did not qualify as military service for purposes of 1965 rules. The view taken in the said judgment was affirmed by the Hon’ble Supreme Court in Sukhdev Singh Gill vs. State of Punjab and others, (2000) 8 SCC 492. 4. In view of above, the impugned judgment cannot be sustained. 5. During pendency of this appeal, operation of impugned judgment was stayed. 6. Accordingly, this appeal is allowed and the writ petition filed by respondent No.1 is dismissed. (Adarsh Kumar Goel) Judge January 27, 2010 (Alok Singh) ‘gs’ Judge 2