After issuing the numberice, they withdraw the benefit on February 18, 1988.
When second appeal was filed, the High Court dismissed the same.
The Rules provided for benefit of pay and seniority to ex servicemen re employed in civil services.
The admitted facts are that the respondent had joined military service after the declaration of Indio china War.
Consequently, the respondent has claimed the benefit of seniority and pay for the period of service rendered during the period of second Emergency.
The Government of Punjab exercising the power under proviso the Article 309 of the Constitution passed the Punjab Government National Emergency Concession Rules, 1965 for short, the Rules .
This appeal by special leave arises from the judgment of the learned single judge of the High Court of Punjab Haryana made on October 7, 1993 in RSA No, 896/93.
Calling in question, the said action of the appellants, the respondent filed a civil suit on April 27, 1988.
It may be relevant, at this juncture, to numbere that during Indo Bangla War, the Government had declared the Emergency of December 3, 1971 which was lifted on March 22, 1973.
The trial Court dismissed the suit but on appeal the Additional District Judge allowed the appeal and decreed the suit and granted the benefit of two increments.
Thus, this appeal by special leave.
the respondent was discharged from military service on September 24, 1973 and there after, he was appointed in January, 1979 as L.D.C. in ex servicemen quota.
emergency was declared on October 26, 1962.
We have heard learned companynsel on both sides.
The respondent joined the Army on May 25, 1963.
Leave granted.
He was granted the benefit of the increments and seniority in terms of Rules 2 and 4 of the Rules, Subsequently, realising the mistake that he was number entitled to two increments after the Indo China Emergency was lifted, the same was recalled by order dated 21.4.1987.
