STATE OF PUNJAB AND ANR. versus CHARANJI LAL GOEL

Citation: [1996] SUPP. 7 S.C.R. 365 · Decided: 09-10-1996 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Appeal(s) allowed

Judgment (excerpt)

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STATE OF PUNJAB AND ANR. 
v. 
CHARANJI LAL GOEL 
OCTOBER 9, 1996 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.) 
Service Law : 
Punjab Government National Emergency (Concession) Rules, 
1965/Punjab Civil Services Rules, Volume JJ. 
Rules 4 and 5/Rules 3.9, 3.10 and 3.11, Punjab Government Memoran-
dum dated 28.2.197rTagging of military service-Sub-Inspector, Profes-
sional Tax-Joined Am1y as Commissioned Officer in 1963---Released from 
Am1y in September 1969-Selected as Taxation Inspector and joined the post 
A 
B 
c 
in January 197o-Benefit of military service for the purpose of seniority etc. 
givelt-Later selection as Assistant Excise and Taxation Officer through direct D 
recrnitment in 1972-Claim for benefit of Rules 4 and 5 of Concession 
Rules-Held, since the employee had already availed the benefit of military 
service while his selection as Taxation Inspector and the benefit stood ex-
hausted, he is not eligible again to claim the said benefit when he was directly 
recmited as Assistant Excise and Taxation Officer. 
E 
S.B. Dogra v. State of Himachal Pradesh and Ors., [1992] 4 SCC 455, 
relied on. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1767 of 
1980. 
From the Judgment and Order dated 5.12.79 of the Punjab & 
Haryana High Court in C.W.P. No. 3450 of 1979. 
Sudhir Walia for Manoj Swarup for the Appellant. 
Ms. Laxmi Arvind (N.P.) for the Respondent. 
The following Order of the Court was delivered : 
This appeal by special leave arise from the judgment of the Punjab 
and Haryana High Court made on July 27, 1979 in Writ Petition No. 3450 
F 
G 
~~ 
H 
365 
366 
SUPREME COURT REPORTS [1996] SUPP. 7 S.C.R. 
A 
Undisputed facts are that the respondent had initially joined as 
Sub-Inspector with Professional Tax (Finance Department) on November 
7, 1962. During emergency, he had joined as Commissioned Officer in the 
Army on October 26, 1963 and was released from the Army on September 
18, 1969. Subsequently, as he was released Army personnel had applied for 
B and was selected as Taxation Inspector and joined the services on January 
29, 1970. He was given the benefit of seniority w.e.f. October 26, 1963, the 
date on which he joined the Army as Commissioned Officer. Later on, for 
direct recruitment for the post of Assistant Excise and Tax Officer, when 
was published by the Public Commission, he had appeared for and was 
selected in 1972 as Assistant Excise and Tax Officer. He took the stand in 
C the writ petition that Rule 4(11) of the Punjab Government National 
Emergency (Concession Rules). 1965 (hereinafter referred to as 'Rules') 
would be applicable to him and the High Court directed to give him 
seniority from October 26, 1963 and consider him with all consequential 
benefits. Thus, this appeal by special leave. 
D 
The only question is : whether the respondent is entitled to the 
benefit to seniority from October 26, 1963 for the second time, when he 
had already joined as Taxation Inspector on January 29, 1970 and had 
availed the benefit of the previous service. Further when subsequently he 
was appointed as Assistant Excise and Tax Officer in 1972 whether Rule 
E 4 would apply which reads thus : 
F 
G 
H 
"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 incre-
ments. Where no such minimum age is prescribed the minimum 
age shall be as laid down in rules 3.9, 3.10 and 3.11 of the Punjab 
Civil Services Rules, Volume II. This concession shall, however, 
be admissible only on first appointment. 
(ii) Seniority : The period of military service mentioned in clause 
( 1) shall be taken into consideration for the purpose of determining 
the seniority of a person who has rendered military service. 
STATE v. C.L GOEL 
367 
(iii) 
xxx 
xxx 
xxx 
(1) 
xxx 
xxx 
xxx 
(2) 
xxx 
xxx 
xxx 
(3) 
xxx 
xxx 
xxx 
5. Seniority, promotion, increment pension and leave of Govern-
ment employees : 
A 
B 
The period spent on military service by the Government 
employee shall count for seniority, promotion, increment and pen-
C 
sion in the service or post held by him immediately before his 
joining military service. A permanent Government employee who 
renders military service, shall earn leave during such service ac-
cording to the leave rules app

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