IMPORTANT POINT
An ex-employee of General Reserve Engineering Force (GREF) is not entitled to count his service in GREF for the purpose of seniority in provincialised service under theState of Punjab since Punjab Government National Emergency Concession Rules restrict such benefit only to those Officers who are enrolled or commissioned in the three principal wings of the Armed Forces, namely, Army, Navy and Air Force and it was not intended to extend to any other Armed Force to which the provisions of the Indian Army Act are extended under section 4(1) of the Army Act, 1950.

Headnote:Service Law-Seniority-Claim for counting military service in fixing seniority-Ex General Reserve Engineering Force (GREF) employee-Claim on basis of Punjab Government National Emergency (Concession) Rules, 1965-Rules permitting computation of military service restrict benefit only to those officers commissioned or enrolled in three principal wings of armed forces viz. Army Navy and Air Force-Benefit not available to officer in GREF-Appellant not entitled to count his service in GREF for purpose of seniority.
       The military service which would be counted as service must be service as an "enrolled" or "commissioned" officer in the "three wings" of the Indian Armed Forces (including the service as Warrant Officer) That is what Rule 2 of the Punjab Rules of 1965 requires. The words, three wings used in Rule 2 of the above said Rules has to be understood in the light of Section 3(xi) of the Army Act, 1950 which defines, the word, the Forces as the regular Forces, namely, the Army, Navy and Air Force or any part of any one or more of them. The Punjab Rules permitting computation of military service therefore, appear to us to restrict the benefit of military service only to those Officers who are enrolled or commissioned in the three principal wings of the Armed Forces, namely, Army, Navy and Air Force and it was not intended to extend to any other Armed Force to which the provisions of the Indian Army Act are extended under Section 4(1) of the Army Act, 1950. (Paras 16 and 17)
       Thus, even though the appellant can be said to belong to the "Armed Forces" for purposes of the Army Act and Article 33 of the Constitution of India, and even assuming that he was enrolled or commissioned in the GREF, still his service could not be treated as service rendered in the "three principal wings" of the Armed Forces, namely, Army, Navy and Air Force. The appellant is not entitled to count his service in the GREF for the purpose of seniority in the provincialised service under the State of Punjab. The Punjab Rules of 1965 are thus not applicable to the appellant. (Para 18)

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 Bench of the High Court set aside the said judgment in Letters Patent Appeal No. 1372 of 1988 and dismissed the writ petition. It is against this judgment that this appeal has been preferred.

4. The appellant joined service as a Superintendent in the G.R.E.F. on 8.11.1966 and was discharged sometime before 24.11,1972. He joined the Punjab Agriculture University as a Section Officer and on 7.9.1973, in the Municipal Committee, Ludhiana. In the year 1976 the services of the employees of the Municipal Committee were provincialised and the appellant was posted in the Municipal Corporation, Amritsar. The writ petition relating to seniority was filed in the year 1986 but pending the writ petition, the representation of the appellant was rejected on 3.3.1987. Thereafter, the writ petition was amended challenging the said order dated 3.3.1987.

5. The relevant notification issued under the Punjab Government National Emergency (Concession) Rules, 1965, is dated 20.7.1965 being G.S.R. 160/Const./Art. 309/65. Relevant part of material for the purpose of this case reads as follows :

"No. G.S.R. 160/Const./Art. 309/65- In exercise of the powers conferred by the proviso enabling him in this behalf, the Governor of Punjab is pleased to make the following rules :-

1. Short title, commencement and application.-(1) These rules may be called the Punjab Government National Emergency (Concession) Rules, 1965.

(2) They shall come into force at once.

(3) They shall apply to all classes of services and posts in connection with the affairs of the State of Punjab except Medical and Health Services.

2. Definition.-For the purposes of these rules, the expression military service means enrolled or commissioned service in any of the three wings of the Indian Armed Forces (including service as a warrant officer) rendered by a person during the period of Operation of the Proclamation of Emergency made by the President under Article 352 of the Constitution on the 26th October, 1962 or such other service as may hereinafter be declared as military service for the purposes of these rules. Any period of military training followed by military service shall also be reckoned as military service."

6. It is the case of learned senior counsel appearing for the appellant, Shri Rajinder Sachar that the military service defined in Rule 2 in the above notification includes the service rendered by the appellant in the G.R.E.F. and that the said service should been added to his service in the Municipal Department of the State of Punjab and if that is done, he would be senior to the private respondents. This plea is opposed by Shri Adarsh Goel, learned senior counsel for the private respondent.

7. Therefore, the limited question before us is whether the appellant could be said to have been "enrolle

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2000 Supreme(SC) 1671

Cases Referred (1)