CAPT S P BHARGAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners joined Short Service Commission in the Indian Army on 24th April, 1966 after getting pre-commission training from 25th June, 1965 to 23rd April, 1966. An advertisement appeared in the newspaper Indian Express' on 6th January, 1975 released by Syndicate Bank/respondent No. 2 inviting applications for the posts of Junior Officer. In the said advertisement it was inter alia stipulated that 25% of the vacancies were reserved for Emergency/Short Service Commissioned Officers (hereinafter referred to as 'Emergency/SSC Officers', for short) released from the Detence Services. A Circular to this effect was also issued by the Syndicate Bank on 10th January, 1975.

(2.) The relevant portion of the said Circular is reproduced below: "Age: The candidates should not be above 25 years or below 20 years as on 1.4.1975. The upper age limit in respect of candidates belonging to Scheduled Castes and Schedulted Tribes is however 30 years. In repect of released Emergency /Short Service Commissioned Officers the upper age limit will be relaxed to the extent of their period of service in the Defence Services subject to an age limit of 35 years. In special circumstances, age is relaxable in respect of any of the candidates at the direction of the Bank. Reservation: 15% of the vacancies are reserved for Scheduled Castes, 75% for Scheduled Tribes and 25% for Emergency/Short Service Commissioned Officers released from Defence Service."

(3.) Petitioners applied against 25% posts reserved for ex Emefgency/SCC Officers for the posts of Junior Officers pursuant to aforesaid advertisement and appeared in the written test which was conducted on 23rd February, 1975 and qualified the same. Subsequently, they appeared for vista-vis test held in July and October, 1975 and were declared selected. Petitioner No. 1 joined the services of respondent Bank on 8th June, 1976 and petitioner No. 2 joined the services on 29th March, 1976 after they got themselves released from the Army on the expiry of their service commission terms.