S VENKATESH MURTHY Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition, petitioner has sought for issuance of writ of certiorari to quash the letter/endorsement dated 19.11.03 issued by respondent No. 3 as per Annexure 'B' and also for issuance of a direction to the respondents to consider him as an Ex-service man of the INdian Armed Force and to declare that he is entitled to all the benefits and facilities extended to the Ex-service man of the INdian Army.

(2.) THE petitioner joined the service as a storekeeper in Grade-1 on 23.3.1964 in General Reserve Engineer Force (GREF) at Roorki. He served for 30 years till the end of May 1994 and after his retirement settled at Bangalore. THEreafter, he approached the sub-area, Bangalore, to provide him canteen facilities as per the army headquarters letter dated 12.4.90. Although, the said facility was denied till the end of July 1998, subsequently, by virtue of the judgment of the Kerala High Court in the year 1997 the benefit of canteen facility was extended during the month of July 1998. THE petitioner has taken up the matter to the Kendriya Sainik Board through the Secretary, Home Department, Government of Karnataka grant the status of ex-service men to the GREF personnel (sic) retirement. Since the same was not considered favourably, the petitioner has come up with this petition raising seven grounds.

(3.) IT is the submission of the learned Counsel for the petitioner that although petitioner had discharged the duty in association with Armed forces and although the canteen facility has been extended subsequently to the petitioner there is no reason as to why the petitioner cannot be treated as ex-service man. Further submitted that petitioner has served for several years in the GREF and he has been considered as a member of Armed Force for the purpose of disciplinary actions under Article 33 of the Constitution of India and apart from the Central Civil Service Rules certain of the provisions of the Army Act were also made applicable, as such, not extending the benefits as is extended to the personnel of Armed Forces is violative of fundamental rights and without any rationale.