This writ petition challenged a Haryana Government notification excluding certain persons from claiming military service benefits. The court examined the validity of the exclusion based on the commencement of military service relative to the emergency. The court explained the precedent Dhan Singh and others and held the notification valid.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.10967 of 1990 (O&M) Date of decision:15.07.2013
Maktul Singh son of Shri Kundan Singh, resident of Village Naurangabad, Tehsil and District Bhiwani at present posted as Clerk in the Divisional Employment Exchange Office at Bhiwani, District Bhiwani.
...Petitioner
versus
State of Haryana, through Secretary to Government Haryana, Labour & Employment Department, Civil Secretariat, Chandigarh, and another.
....Respondents
CORAM: HON’BLE MR. JUSTICE K. KANNAN
Present: Mr. Rajiv Sharma, Advocate, for Mr. O.P. Sharma, Advocate, for the petitioner.
Mr. Kunal Garg, AAG, Haryana.
K.Kannan, J. (Oral)
The only point that arises for consideration in this writ petition is counting of military service rendered during the period of emergency. The interpretation that was called for was whether the benefit would be applicable also to persons, who have joined the military service even before the imposition of emergency. Since such exclusion was made by a notification of the Haryana Government, the validity of this notification was a subject of challenge by Dhan Singh and others Versus State of Haryana and
Civil Writ Petition No.10967 of 1990 (O&M) - 2 -
others in its decision rendered that was reported in 1991 Supp (2) SCC 190 that held that such a notification excluding classes of persons from claiming military service, if such commencement had occasioned prior to the imposition of emergency, was not arbitrary and such an exclusion could be effectively applied to deny the entitlement in appropriate cases. The judgment cited by the State in Dhan Singh's case (supra) answers the issue raised by the petitioner to deny to him the claims made by him. The writ petition is dismissed.
(K.KANNAN) JUDGE 15.07.2013 sanjeev
2 issues framed by the court
Whether military service rendered before the imposition of the emergency can be excluded from pension benefits.
Whether a Government notification excluding certain classes of persons from claiming military service benefits is arbitrary and valid.
Colour shows how this judgement treated each authority
Dhan Singh and others Versus State of Haryana and others, 1991 Supp (2) SCC 190Explained¶12
1 provisions across 1 enactments
Maktul Singh
State of Haryana
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
