Judgment-

R. B. MISRA

( 1 ) 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 common questions of law and are, therefore, being disposed of by a common judgment.

( 2 ) THE pattern of facts in the present group of cases is the same and, therefore, it is not necessary to give the facts of each case separately. In order to bring out the points for consideration in these cases we would like to give the facts of Writ Petition No. 6436 of 1980.

( 3 ) IN 1962 an emergency was imposed by the Government of India on account of the external aggression by the Chinese forces on the Indian territory. The Government was in great need of young men to join the military service at the risk of their lives to serve the nation to cope with the emergency needs of the Government of India. The Government of India as well as the State Governments decided to give certain benefits to encourage the young energetic youths to join military service at the critical juncture of national emergency. 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 young men who join the military service at the critical juncture.

( 4 ) IN July, 1963 a circular was issued by the Financial Commissioner, Punjab, with regard to the concessions to civilian employees and others who joined military service, which will account for increments, seniority and pension in civil employment. Later on the instructions of the Central Government concessions as were promised through circulars and by other means were incorporated in the rules framed by the joint Punjab Government under Article 309 of the Constitution.

( 5 ) KEEPING in view the needs of the country and assurances contained in conditions of service in executive instructions the petitioners and the appellants and many others like them joined the army during the emergency as Commissioned Officers in 1963. They were commissioned officers in the Indian Army for more than five years and after their release from the Army they were entitled to benefits vested in them under the conditions of service.

( 6 ) THE Haryana Government in the year 1969 advertised 16 posts of temporary Assistant Engineers in P. W. D. , B and R Branch. At the time of the advertisement on 28th of January, 1969, 8 posts out of the total of 16 were reserved for ex-emergency commissioned officers and servicemen. Although the advertisement was for 16 posts but at the time of selection 55 appointments were made. out of which 20 posts were reserved for ex-emergency commissioned officers. Out of this quota of 20 posts only 7 appointments from amongst the ex-emergency commissioned officers were made. Requisite qualifications for ex-emergency commissioned officers and servicemen were as follows :-

"1. Diploma in civil engineering from a recognised institution.

2. Five years continuous service with distinguished record.

3. Adequate knowledge of Hindi.

NOTE :- For purposes of counting five years continuous service, the period commencing from 26-10-1962 will only be taken into consideration;"

( 7 ) AGAIN in November, 1970, 38 posts of temporary Assistant Engineers were advertised out of which 18 posts were reserved for ex-emergency commissioned officers. At the time of making appointments, however, 99 persons were appointed and out of these 99 posts 90 posts were declared reserved for ex-emergency commissioned officers. But again only 7 ex-emergency commissioned officers were appointed in response to the advertisement.

( 8 ) PETITIONER No. 1 on selection had joined service on 17th of August, 1971. The second advertisement also contained the same qualifications as were in the first advertisement. Thus the two petitioners in Writ Petitions Nos. 6436-37 served the Indian Army for more than five years and thereafter those petitioners were appointed in the service