6436 of 1980.
3095 96 of 1980 Appeal by Special leave from the Judgment and Order dated the 10th October, 1980 of the Punjab and Haryana High Court in C. Writ Petition No.
309/Amend 2 /76 dated 9 August 1976 amending the definition of the expression military service in rule 2 are declared to be ultra vires the Constitution in so far as they affect prejudicially persons who had acquired rights as stated above.
182/Const Art.
6436 37 of 1980 Under Article 32 of the Constitution of India AND Civil Appeals Nos.
The Government in the States and the Centre issued different circulars and advertisements on radio and the press promising certain benefits to be given to yougmen who join the military service at the critical juncture.
The Judgment of the Court was delivered by MISRA, J. The present writ petitions under Article 32 of the Constitution and the civil appeals by special leave arising out of petitions under Article 226 of the Constitution raise companymon questions of law and are, therefore, being disposed of by a companymon judgment.
In 1952 an emergency was imposed by the Government of India on account of the external aggression by the Chinese forces on the Indian territory.
ORIGINAL JURISDICTION Writ Petitions Nos.
In order to bring out the points for companysideration in these cases we would like to give the facts of writ petition No.
309/Amend 1 /76 dated 22nd March 1976 and the Notification No.
The pattern of facts in the present group of cases is the same and therefore, it is number necessary to give the facts of each case separately.
2065 of 1976 1088 of 1980 C. Bhartari for the Appellant.
