Sultan Singh vs State of Haryana

V.K. Bali, J. (Oral)

Challenge herein is to Haryana Government notification dated 9.11.1976 amendment Punjab Government National Emergency (Concession) Rules, 1965. The offending portion of the notification aforesaid reads thus :

In the Punjab Government National Emergency (Concession) Rules, 1965 to Rule 4, the following proviso shall be added, namely :

"Provided that a person who has been released from the Military service on compassionate ground shall not be entitled to any concessions under this rule."

Petitioner joined army on 7.12.1963 and was released on compassionate grounds on 27.4.1966. After he was discharged from the army, he joined on the post of Junior Analyst on regular basis in the respondent department and was confirmed as such on 7.6.1982. The benefit of military service rendered by him as available under Punjab Government National Emergency (Concession) Rules, 1965, as mentioned above, was declined. Thus, the present petition.

In opposition to the prayer in the petition reliance has been placed upon the part of the notification, reproduced above.

It is conceded position that the offending portion of the notification, reproduced above, has been subject matter of decision by Full Bench of this Court in Civil Writ Petition No. 603 of 1979 which was dismissed on 18.3.1980 (Annexure P4). Amendment to the rule was upheld by this Court. However, the Hon''ble Supreme Court in Civil Appeal No. 1582 of 1981 decided on September 5, 1984, Annexure P5, set aside the aforesaid judgment of Full Bench.

Despite the position, as detailed above and on which, as mentioned above, there is no dispute, the cause of the petitioner is being opposed on the ground that decision of the said writ petition is binding only on the parties to the said litigation and, thus, would not apply to the case of petitioner. The only ground pressed into service for denying the relief to the petitioner, as mentioned above, can not possibly sustain. The law laid down by the Hon''ble Supreme Court not only binds the parties of the case decided by it but also others, equally placed. The law laid down by the Hon''ble Supreme Court has to be followed and applies to similarly situated persons.

In view of the position as stated above, this petition is allowed. A direction is issued to the Director, Food and Supplies, Haryana (respondent No. 2 herein) to accord all benefits that may be admissible to the petitioner under the Punjab Government National Emergency (Concession) Rules, 1965 on account of the petitioner having served the army from 7.12.1963 to 27.4.1966. The said respondent shall also determine the exact period for which the petitioner shall be entitled to the benefit of military service rendered by him, in accordance with law.

This writ petition is, thus, allowed. Inasmuch as, a considerable period has elapsed in pendency of this petition, respondent No. 2 would endeavour his very best to deal with the matter as expeditiously as possible and preferably within two months from the date, a certified copy of this order is received by him.