TARIF SINGH SHANTI SAROOP Vs. UNION OF INDIA

JUDGEMENT

(1.) It will be convenient to dispose of three writ petitions by one judgment as the points involved therein are the same. Petition No. 262 was filed on February 29, 1968 by Tarif Singh. The other two petitions Nos. 393 and 704, are on behalf of Jitendra Bir Anand and Jagttiohan Lal Sabharwal respectively and were filed on May 16, 1968 and August 2, 1968.

(2.) On October 26th, 1962 the President of India, on being satisfied that a grave emergency existed whereby the security of India was threatened by external aggression, made a declaration to that effect in exercise of the powers conferred by clause (1) of Article 352 of the Constitution. Admittedly the proclamation of emergency was not revoked till January 10, 1968.

(3.) An advertisement was published in the Tribune, a daily newspaper, on June 13, 1963 inviting applications for grant of Emergency Commissions in the Regular Army. It was also mentioned in the advertisement that an officer granted an Emergency Commission may be considered at the appropriate time for a permanent Regular Commission in the Regular Army if found eligible and suitable in all respects.