Rohtash Singh v. State Of Haryana And ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 06.04.2016 Rohtash Singh ....Petitioner

Versus

State of Haryana and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Kartar Singh Malik-I, Advocate for the petitioner.

**** RITU BAHRI, J. (Oral) Petitioner is seeking benefit of service rendered by him during the second emergency period i.e. w.e.f. 03.12.1971 to 03.07.1977 towards increment and seniority after being appointed on regular basis. Petitioner had joined Indian Navy as Store Assistant on 07.02.1970. Thereafter, he left Indian Navy service on 08.05.1979. Thereafter, he joined as Assistant Sub-Inspector in the Haryana Police on 01.06.1979 against ex-serviceman quota. He was confirmed on 01.05.2001. He made a representation on 30.01.2006 (Annexure P-4) to respondent No.4 for counting of his military service rendered during the period of emergency towards his civil service for the purpose of fixation of seniority, increment etc. Representation dated 25.07.2008 (Annexure P-7) to grant

-2him 1st ACP scale from due date and payment of arrears as per notification dated 02.06.2008 of Government of Haryana. He was retired from service on 28.02.2009 and getting pension of `12,848/- per month. Thereafter, the petitioner filed CWP No.3298 of 2011 before this Court and the same was disposed of on 01.09.2015, by giving directions to the respondent(s) to examine the issue relating to counting of military service (emergency period) from 03.02.1971 to 03.07.1977. Vide impugned orders dated 10.03.2006 (Annexure P-10) and dated 07.11.2015 (Annexure P-12) the case of the petitioner has been rejected.

A perusal of impugned order (Annexure P-12) shows that the petitioner had joined Indian Navy as Store Assistant on 07.02.1970 voluntarily after culminating of national emergency. He has been given benefit of Defence service while joining Haryana Police as an Assistant Sub-Inspector under ex-servicemen quota. The State Government has not extended the benefit of second emergency period i.e. w.e.f. 03.12.1971 to 03.07.1977. Hence, the claim of the petitioner has been rejected, vide letter dated 10.03.2006 (Annexure P-10) and the Director General of Police, has informed him that he has not extended the benefit of second emergency. Learned counsel for the petitioner has placed reliance upon a judgment of the Supreme Court in case Dhan Singh and others Vs. State of Haryana and others, 1991(1) S.C.T. 137, whereby the Supreme Court had examined the notification dated 09.08.1976 and the definition of military service were substituted and it had been clarified that the service rendered by a person, who had been enrolled or commissioned during the

-3period of operation of the proclamation of emergency on 26.10.1962 be declared as military service for the purpose of service these rules. The Supreme Court further held that the service of the petitioner after the lifting of the emergency could not be counted for determining his seniority. Further reliance has been placed upon judgment in case Sumer Singh Vs. State of Haryana and others, 2008(3) S.C.T. 831, whereby the benefit of military service rendered during the first emergency was extended for the purpose of pension and gratuity. Learned counsel for the petitioner has not been able to cite any judgment which lays down that the State of Haryana has extended the benefit during the 2nd emergency to any of its employee. The Full Bench of this Court in case Rajender Kumar S.I. Vs.

The State of Haryana and others, 1992(2) PLR 754, has decided this issue and held that the benefits under the Government National Emergency (Concession) Rules, 1965 are limited to the period of first emergency and not the second emergency which was declared by the President of India, vide notification dated December 03, 1971.

In view of above facts, the present writ petition has no merit and the same stands dismissed.

April 06, 2016 ( RITU BAHRI ) naresh.k JUDGE