KARNATAKA STATE GOVERNMENT FIRST GRADE

COLLEGES PART-TIME LECTURERS' ASSOCIATION

(REGD ). AND ANR. v.

STATE OF KARNATAKA

SEPTEMBER 11, 1995

(K. RAMASWAMY AND B.L. HANSARIA, JJ.)

Se1vice Law :

State of Kamataka-Govemment Colleges-..Pa1t-Time Lecturers-- Grievances-Constitution of Sub-Committee for redressa/.

Dismissing the writ petition, this Court

D HELD : A Sub-committee has been constituted by the State Government to consider the grievances of the part-time lecturers. It would be open to the petitioners to make a representation before the sub-committee along with all other persons similarly situated. (532-G]

CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 21 of1994.

E Under Article 32 of the Constitution of India.

D.K. Garg, L.K. Gupta and R.S. Thakkar, for the Petitioners.

M. Veerappa, for the Respondents.

F The following Order of the Court was delivered :

It is stated in the rejoinder-affidavit that a sub-committee has been constituted by the State Government to consider the grievances of the part-time lecturers and the cases of all such persons would be considered by the sub-committee. The Minister in charge also seems to have made a G statement to that effect on the floor of the House. If that is so, it would be open to the petitioners to make a representation before the sub-committee along with all other persons similarly situated.

The writ petition is accordingly dismissed.

T.N.A.

Petition dismissed. 532

DHAYANAND ETC. ETC. v.

UNION OF INDIA AND ORS.

SEPTEMBER 12, 1995

(.J.S. VERMA AND K. VENKATASWAMI, JJ.]

Service Law:

Punjab Re-Organisation Act, 1966 : Ss.2(g) and 88.

Punjab Government National Emergency (Concession Rules, 1965/Punjab Recntitment of Ex-se1vicemen Rules, 1982:

Conditions of Se1vice of Union Te1Titory of Chandigarh Employees Rules, 1966 : Rules 2, 3 and 4.

Ex-servicemen-Re-employed in Services of Union Tenitory of Chan- D digarh subsequent to 1.11.1966--Claim for benefit of earlier milit01y service regarding seniority, promotion, pension etc. under 1965 Rules-Held, 1965 Rules continued to apply to eligible ex-service Re-employed in Services of

Union Tenitory of Chandigarh after 1. 11.1966.

The appellants and the writ petitioners, who were exservicemen and E

were re-employed in the services of the Union Territory of Chandigarh subsequent to 1.1.1966, claimed benefit of the Punjab government National Emergency (Concession) Rules, 1965 for purposes of increments, seniority promotion, pension etc. Though G.O. No. 1023.11.1(7)-87/5025 dated 19.3.1987 issued by the Union Territory Administration, had provided that F the benefit of military service in accordance with the 1965 Rules would be available to ex-servicemen, but subsequently, this view was altered in G.O.

No. 27/1/3/92 - 18(7)/10935 dated 2.6.1992. The Central Administrative Tribunal and the Punjab & Haryana High Court held that the 1965 Rules did not apply to appointees in services of the Union Territory after G 1.1.1966. Aggrieved, the employees tiled the appeals by special leave and the writ petit!::-

It was contended on behalf of the Union Territory that the benefit of the 1965 Rules was available only to the ex-service men employed prior to 1.11.1966, since they were appointed ill' the State of Punjab and carried H