JUDGMENT

M. Jagannadha Rao, J.-Civil Appeal No. 499 of 1992 :

This is an appeal by Sukhdev Singh Gill who filed Writ Petition No. 6160 of 1987. In the writ petition the appellant unsuccessfully claimed the benefit of military service towards fixation of his seniority in terms of the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter referred to as the Rules ).

2. The appellant joined as Superintendent in General Reserve Engineering Force (hereinafter referred to as G.R.E.F.) on 8.11.1966. He was confirmed in the said post. He rendered the service in this post during the period of external emergency. He therefore, claimed that the Armed Force called by the name G.R.E.F. was an integral part of the Indian Army and that in terms of the above Rules, he was entitled to count the military service rendered by him for the purpose of seniority in the Municipal Administration of the State which was a provincialised service. As the question of seniority was involved, he impleaded Respondent Nos. 3, 4 & 5 in the writ petition who would be affected if he was given the benefit of military service.

3. Learned Single Judge allowed the writ petition but on appeal the Division B