CWP No.16234 of 1989(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.16234 of 1989(O&M) Date of Decision: 23.09.2011 Mohinder Singh, Operator, Cotton Seed, Processive Plant, Gidharwaha, District Faridkot and another ... Petitioners Versus The Registrar, Cooperative Societies, Punjab, Chandigarh and another ... Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present: None for the petitioners. Mr. J.S. Chahal, Advocate, for the respondents. ***** 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. There is no representation on behalf of the petitioners. The Registry has reported that the counsel, who was appearing for the petitioners has expired and the notices sent to the petitioners at the address mentioned in the petition have not been served. 2. The claim is for allowing the petitioners for the benefit of military service for increments, seniority, promotion etc. The contest by the respondents was that the petitioners did not belong to the reserved category and they had not joined against the posts reserved for ex- servicemen. Consequently, they are not entitled to any of the benefits as sought for by them. 3. The contention of the respondents is not acceptable at all. The petitioners plea is that the 1st petitioner joined the Army in the year CWP No.16234 of 1989(O&M) [2] 1965 and was released in December, 1971 whereas the 2nd petitioner joined the Army in the year 1950 and was released in November, 1971. The petitioners had been appointed as Operators in Markfed against reserved vacancies for Ex-servicemen on 20.3.1972. 4. The counsel contends that at the time when they were recruited, there had been no reservation for Ex-servicemen and they were only appointed against regular posts under General Category. This, in my view, will still have a sure bearing in the manner of reckoning seniority in a particular fashion. It cannot deny to the petitioners a right of consideration of the military service for the purpose of the reckoning increments, seniority, promotion etc. The petitioners rely on a communication from the Registrar, Cooperative Societies on 02.05.1978 referring to a Government policy issued on 20.01.1972 to extend the various concessions of service for the emergency period to be counted towards seniority. When we consider the fact that the respective 1st petitioner's service extended till December, 1971 and 2nd petitioner's military service extended till November, 1971 and that further, it continued the whole of the period relating to the Chinese and the Pakistan wars taken there had been declaration of external emergency, the petitioners were definitely entitled to consideration of the said period of military service. The petitioners have themselves relied on the resolution dated 22/26.11.1979 passed by the Administrator of Markfed where it was decided that all employees, who had served in military service during the emergency, would have the benefit of the military service to be counted towards seniority. 5. Since the petitioners are not present, this Court is unable to secure information of the exact period covered through the military CWP No.16234 of 1989(O&M) [3] service during the emergency. I do not also have the particulars of how they would have impacted the petitioners' service and their emoluments. If the petitioners have already retired, the petitioners are entitled to make a claim giving the details of the service rendered during the emergency and they will have a right to seek for a reckoning for seniority, if they have any bearing for any promotion and increased emoluments during the said period. Any salary, which could have come only on the basis of seniority and the additional emoluments shall be calculated on a notional basis and the terminal benefits shall be worked out on the notional salary that they would drawn at the time of supperannuation. If they are still in service, they shall be entitled to seek for appropriate reckoning insofar as relevant to the issue of seniority and the scales of pay shall be reworked and fit them at the appropriate stages. 6. The writ petition is disposed of with the above directions. SEPTEMBER 23, 2011 ( K. KANNAN ) Rajan JUDGE