JUDGMENT

Bharucha, J.-The appeal aforementioned impugns the order of summary dismissal of a writ petition filed by the appellant in the High Court of Punjab & Haryana. Though the order only says "dismissed", it was clearly passed by reason of the judgment of this Court in Dhan Singh & Ors. v. State of Haryana & Ors.1 The writ petition arises upon facts similar to those in the appeal and it seeks reconsideration of the aforementioned judgment.

2. The facts that we state are of the appeal. The appellant was enrolled as a Sepoy in the Army on 30th January 1959. He served in the Army until some date in the year 1976, by which time he had been promoted to the post of Hawaldar. In 1978 the appellant joined the service of the State of Haryana (the first respondent) as a clerk.

3. The Government of Punjab had framed the Punjab National Emergency (Concession) Rules, 1965, and they were adopted by the State of Haryana when it was formed. These Rules gave benefits to persons who had been in military service before joining Government service, "Military service" was defined in Rule 2 thus :

"For the purposes of these Rules the expression Military Service means enrolled or Commissioned se