COMMISSIONER OF POLICE Vs. HARISH KUMAR YADAV

JUDGEMENT

(1.) RESPONDENT No.1 Harish Kumar Yadav had sought a voluntary discharge from the Indian Army and had to approach the Central Administrative Tribunal when his appointment as a Constable (Executive) (treating him to be an ex-serviceman) was sought to be cancelled by the writ petitioner as per its order dated September 24, 1999 on the ground that having sought voluntary discharge from the Indian Army, Harish Kumar Yadav was not entitled to be considered as an Ex-serviceman.

(2.) NOW , the Tribunal has noted that the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979 do not define as to who would be an Ex-serviceman. The Tribunal noted that the subject was attempted to be legislative upon by a guideline dated April 14, 1987 being as per which Ex-serviceman was defined as under:-

(3.) UP in arms against the impugned order passed by the Tribunal is the Commissioner of Police. We note that notwithstanding the writ petition being admitted, no stay was granted to the petitioner and the result is that Harish Kumar Yadav has continued to serve the department and probably may have superannuated by now. Be that as it may whether he has superannuated or not is not our concern.