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2025 DAILYLAW 78337 (PNJ)

HANS RAJ & ANR v. STATE OF PUNJAB & ORS

CWP/9580/2017 · 2025-09-22

Jagmohan Bansal

body2025

Judgment text

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208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Date of Decision: 22.09.2025 1. CWP-9580-2017 Hans Raj And Another ...Petitioners Versus State of Punjab and Others ...Respondents 2. CWP-16011-2016 Sajjan Singh and Others ...Petitioners Versus State of Punjab and Others ...Respondents CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Rajeev Anand, Advocate and Mr. Aryan Singh, Advocate for the petitioners. Mr. Aman Dhir, DAG, Punjab. **** JAGMOHAN BANSAL, J. (ORAL) 1. As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-9580-2017. 2. The dispute relates to grant of increments for the service rendered with Defence Forces during second national emergency i.e. from 03.12.1971 to 25.02.1977. The petitioners are ex-servicemen and they joined Punjab Police after rendering services with Defence Forces. Their service period with Defence Forces includes second national emergency. PRINCE CHAWLA 2025.09.23 09:20 I attest to the accuracy and integrity of this document CWP-9580-2017 and CWP-16011-2016 -2- 3. Learned State counsel, at the outset, submits that petitioner No.1 has been granted claimed benefit though without arrears. The petitioner No.2 has been denied claimed benefit on the ground that he joined service after three years from the date of his discharge by Defence Forces. 4. Learned counsel representing the petitioner submits that petitioners are entitled to benefit on actual basis and they cannot be denied benefit on the ground that there was gap of more than three years in the date of discharge by Defence Forces and date of joining with Punjab Police. The issue stands settled by a Division Bench of this Court in a bunch of petitions including CWP No.27842 of 2018 titled as ‘Kamikar Singh and Another Versus State of Punjab and Others’. 5. Faced with this, learned State counsel submits that case of petitioners would also be reconsidered in the light of aforecited judgments as well as judgment dated 14.02.2024 passed by this Court in CWP No.3357 of 2021 titled as ‘Jaswant Singh Versus State of Punjab and Others’. 6. In the wake of statement of both sides, the petitions stand disposed of with a direction to respondents to consider claim of petitioners qua increment as well as arrears in the light of aforecited judgments. Let the needful be done within a period of six months from today. (JAGMOHAN BANSAL) JUDGE 22.09.2025 Prince Chawla Whether Speaking/reasoned Yes/No Whether Reportable Yes/No PRINCE CHAWLA 2025.09.23 09:20 I attest to the accuracy and integrity of this document