H S ATWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The "spinal issue" (which is the expression used in the impugned judgment of the Administrative Tribunal) in these appeals is relatable to the interpretation of Rule 4(1) of Demobilised Indian Armed Forces Personnel (Reservation of Vacancies) in the Himachal Pradesh Administrative Rules 1974, hereinafter, the Rules. The precise point for our consideration is whether a member of armed forces covered by the Rules would get the benefit of period of military service rendered by him for the purpose of his seniority irrespective of the fact that while under military service he did not get any opportunity to enter the Himachal Pradesh Administrative Service which such a member had joined after demobilisation.

(2.) To answer the aforesaid question we may note the broad facts pertaining to one of the appellants only he being H.S. Atwal, appellant No. 1, as that would serve our purpose. Atwal had joined the army sometime in 1963 and left it in 1968. He joined the Himachal Pradesh State Administrative Service in 1975. The first examination which had been conducted to enable any person to join the State Administrative Service was in 1973. Atwal took a stand, on the strength of the aforesaid rule, that though the first opportunity which became available to him was in 1973, his period of military service, which was of about five years, has to be reckoned for the purpose of his seniority, whereas he was taken to have entered the Administrative Service on 25-7-71, which was the date Himachal Pradesh got Statehood. Atwal thus got benefit of about four and a half years for the purpose of his seniority whereas this period would have been five years if the contention of Atwal were to be accepted. The Tribunal not having done so the present appeals have been preferred.

(3.) Let us note the material part of rule 4(1):