IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10453 of 1990 (O&M) Date of decision:04.04.2011 Kashmiri Lal and others ....Petitioners versus The State of Haryana ....Respondent CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.Ranjit Singh Saini, Advocate, for the petitioners. Mr. Satbir Singh Goripuria, DAG, Haryana. ---- 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 petitioners seek for counting of military service rendered during the period of emergency to be counted for seniority, increments, pay fixation, promotion etc. Admittedly, the petitioners 1 to 4 namely, Kashmiri Lal, Ram Kishan, Ram Chand and Dayal Chand joined the army during the period of emergency i.e. after 26.10.1962. They had subsequently joined civil services on various dates which is tabulated in Annexure P 1 that sets out the details as follows:- For the four persons as on 10.02.1977, 07.12.1989, 02.07.1984 and 03.02.1977 respectively. Civil Writ Petition No.10453 of 1990 (O&M) - 2 - For all these persons, denial of military service was not justified. As regards three other persons namely, Hari Ram, Raghbir Singh and Thawar Singh, they had joined the service in the army even prior to the emergency period and, therefore, the benefit of the relevant notification for counting of military service during the emergency period did not arise. 2. The writ petition is allowed for petitioners 1 to 4 and they are declared entitled to count the periods rendered during emergency to the period that they had rendered the civil services in the various establishments. If they had all retired by now, the petitioners would be entitled to a reckoning of the monetary benefits that accrued by such a reckoning and they shall paid within 12 weeks from the date of receipt of copy of this order. The writ petition for the petitioners 5 to 7 is dismissed. (K.KANNAN) JUDGE 04 .04.2011 sanjeev