Punjab-Haryana High Court
State Of Punjab And Others vs Jalour Singh on 15 July, 2009
Author: Hemant Gupta
Bench: Hemant Gupta
RSA No. 2549 of 2009 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RSA No. 2549 of 2009
Date of Decision: 15.7.2009
State of Punjab and others ......Appellants
Versus
Jalour Singh .......Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA.
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Ms. Ambica Luthra, AAG, Punjab, for the appellants.
HEMANT GUPTA, J. (Oral).
The defendants are in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for declaration to the effect that the plaintiff is entitled to benefit of military service of Second National Emergency i.e., from 3.12.1971 to 3.10.1977 for the purposes of seniority and increment etc., was decreed.
The plaintiff-respondent joined as ward servant in the Civil Hospital, Moga on 16.11.1978 against the reserved quota post of ex- servicemen. The plaintiff retired on attaining the age of superannuation on 30.11.2003. The plaintiff claimed benefit of military service for the first emergency from 20.11.1962 to 10.1.1968 and for second emergency from 3.12.1971 to 3.7.1977 for the purposes of seniority and pay fixation granted to the civil post having joined military service during the period of first RSA No. 2549 of 2009 (2) emergency. The plaintiff was granted the benefit of first emergency period, but the benefit of second emergency period was declined.
The plaintiff was enrolled in the Indian Army during the period of emergency. Therefore, he has been rightly found entitled to the benefit of military service rendered during emergency. Such is the ratio laid down by the Hon'ble Supreme Court in Chittranjan Singh Chima and another v. State of Punjab and others, AIR 1997 SC 1309 and Full Bench of this Court in Jang Singh v. State of Punjab and others, 1997(3) RSJ 464.
Since the judgments of the Courts below are based upon the decisions of the Hon'ble Supreme Court as also the Full Bench of this Court, I do not find that the finding recorded gives rise to any substantial question of law in the present appeal.
Hence, the present appeal is dismissed.
(HEMANT GUPTA) JUDGE 15-07-2009 ds