Judgment

R. B. MISRA, J.

( 1 ) ON account of the external aggression by Chinese forces on the Indian territory an emergency was imposed by the government of India in 1962. In order to attract youngmen to join military service at that critical juncture the central government and the governments of the States issued different circulars and advertisements on radio and in the press promising certain benefits to be given to those youngmen who joined the military service. In view of the promises made through circulars the Punjab government framed rules under Article 309 of the Constitution known as the Punjab government National Emergency (Concession) Rules, 1965, hereinafter called the Punjab Rules. These Rules were adopted by the State of Haryana also. Rule 4 of the said Rules, as it stood originally insofar a relevant for the purposes of the present petitions, read as follows :

4. Increments, seniority and pension. Period of military service shall count for increments, seniority and pension as under:

(I) Increments: The period spent by a person on military service, after attaining the minimum age prescribed for appointment to any service or post, to which he is appointed, shall count for