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As per case facts, the Petitioner served in the Indian Navy from 1964 to 1974 and subsequently joined the Punjab Police as an ASI in 1975. He sought seniority benefits
...for his entire 10-year military service under the 1968 Rules. The Respondent denied this claim, citing a retrospective 1977 amendment to the 1968 Rules, which stipulated that benefits were only for those 'released on demobilization,' and the Petitioner was discharged on completion of engagement, not demobilized. The Petitioner appealed to the High Court, contending that the retrospective amendment could not take away accrued rights and his discharge qualified as demobilization. The question arose whether the retrospective amendment to the 1968 Rules could deny the Petitioner full seniority benefits for his entire Navy service when he was discharged on completion of engagement and if such an unchallenged retrospective amendment was applicable. Finally, the High Court held that the Petitioner was discharged on expiry of engagement, not demobilization. Since the retrospective amendment was unchallenged, the Court was bound to apply it. The Petitioner was already given benefits for the emergency period (1965-1968), and it would be inappropriate to grant further retrospective benefits at this belated stage. The petition was dismissed.
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