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Judgment
Sabina, J
Petitioner has filed this petition seeking a direction to the respondents to grant him benefit of Military Service towards increments and seniority.
Case of the petitioner, in brief, is that he had served the Indian Army from 11.07.1963 to 30.09.1978. Petitioner had also served during the Emergency period from 11.07.1963 to 10.01.1968 as well as from 03.12.1971 to 23.07.1977. Petitioner got reemployment with the Punjab State Electricity Board on daily wage basis w.e.f. 01.08.1978 and was later regularized w.e.f. 01.01.1982. By way of this petition, petitioner claimed that benefit of Military Service under Emergency Rules of 1965 be granted to him.
None has appeared on behalf of the respondents.
I have heard learned counsel for the petitioner and have gone through the record available on the file carefully.
In the written statement filed by the respondents, service period of the petitioner has been admitted. However, it has been averred that petitioner had filed Civil Suit No. 594 of 1987 seeking declaration that he was entitled for fixation of pay and seniority on account of his Military Service rendered from 11.07.1963 to 30.09.1978. However, the said suit was dismissed by the trial court on 07.08.1989. Appeal filed by the petitioner against the said judgment/decree was dismissed by the Appellate Court vide order dated 09.02.1993 (Annexure R-1). The said order had become final. Since the suit filed by the petitioner qua the same relief had been dismissed, the writ petition was liable to be dismissed.
Thus, in view of the written statement filed by the respondents, the present writ petition is liable to be dismissed as the relief sought by the petitioner by way of this petition had been declined to him by the Civil Court.
Dismissed.