SUKHDEV SINGH GILL versus STATE OF PUNJAB AND ORS.

Citation: [2000] SUPP. 4 S.C.R. 292 · Decided: 19-10-2000 · Supreme Court of India · Bench: M. JAGANNADHA RAO · Disposal: Dismissed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A 
SUKHDEV SINGH GILL 
v. 
STATE OF PUNJAB AND ORS. 
OCTOBER 19, 2000 
B 
[M. JAGANNADHA RAO AND M.B. SHAH, JJ.] 
Service Law: 
Punjab Government National Emergency (Concession) Rules, 1965: 
C Rule 2. 
Military Service-Counting of-Towards seniority-Held: The military 
service rendered in the three principal wings of the Armed Forces, namely, 
Army, Navy and Air Force is only counted towards seniority-Such benefit 
is not available in respect of service rendered in any other Armed Force such 
D as General Reserve Engineering Force-Army Act, 1950, Ss. 3(xi) and 4(/). 
E 
Words and Phrases: 
"Military service"-Meaning of-In the context. of R. 2 of the Punjab 
Government National Emergency (Concession) Rules, 1965. 
"The Forces" and "regular Forces"-Meaning of-In the context ofS. 
3(xi) of the Army Act, 1950. 
The appellant joined as Superintendent in General Reserve Engineer 
Force (GREF) and was confirmed in the said post. The appellant rendered the 
F service in this post during the period of external emergency. The appellant, 
therefore, claimed that the Armed Force called by the name ofGREF was an 
integral part of the Indian Army and that in terms of the Punjab Government 
National Emergency (Concession) Rules, 1965, the appellant was entitled to 
count the military service rendered by him for the purpose of seniority in 
G the Municipal Administration of the State which was a provincialised service. 
H 
The appellant's representation to count his military service towards 
his seniority was rejected by the authorities concerned. The High Court 
dismissed the writ petition filed by the appellant. Hence this appeal. 
The following question arose before this Court: 
292 
-
SUKHDEV SINGH GILL v. STATE 
293 
Whether the appellant could be said to have been "enrolled" or A 
"commissioned" in any of the "three wings" of the Indian Armed Forces as 
specified in Rule 2 of the Punjab Government National Emergency 
(Concession) Rules, 1965? 
Dismissing the appeals, the Court 
HELD : J. The words, "three wings" used in Rule 2 of the Punjab 
Government National Emergency (Concession) Rules, 1965 have to be 
understood in the light of Section 3(xi) of the Army Act, 1950 which defines, 
B 
the words, '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 C 
permitting computation of 'military service', therefore 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, 1911 are extended under Section 4(1) 
of the Army Act, 1950. [299-B-CI 
\ 
R. Viswan v. Union of India, [19831 3 SCC 401, held inapplicable. 
D 
2. 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 E 
General Reserve Engineer Force (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. Therefore, the appellant is not 
entitled to count his service in the GREF for the purposes of seniority in the 
provincialised service under the State. The Punjab Rules of 1965 are thus 
not applicable to the appellant. [299-D-EJ 
F 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 499 of 
1992. 
From the Judgment and Order dated I 0.4.90 of the Punjab and Haryana 
High Court in L.P.A. No. 1372of1988. 
G 
WITH 
Civil Appeal No. 500 of 1992. 
from the Judgment and Order dated I 0.4.92 of the Punjab and Haryan~ H 
294 
SUPREME COURT REPORTS [2000] SUPP. 4 S.C.R. 
A High Court in L.P.A. No. 544 of 1988. 
Rajinder Sachar and B.R. Sabharwal for the Appellant. 
A.K. Goel and Ms. Sheela Goel for the Respondent No. 5. 
B 
The Judgment of the Court was delivered by 
M. JAGANNADHA RAO, J. 
Civil Appeal No. 409 of 1992 : 
C 
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'). 
D 
The appellant joine<) as Superintendent in General Reserve Engineering 
Force (hereina
Excerpt shown. Read the full judgment & AI analysis in Lexace.