GANESHBHAI KARSANBHAI PRAJAPATI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner who claims to be an ex-Serviceman made an application for the post of Clerk-cum-Cashier in response to the advertisement dated 16-4-1983 (Annexure A to the petition) given in local newspaper by the Regional Recruitment Board (State Bank Group) Ahmedabad (respondent no. 2 herein). The respondents do not dispute that there were 14-1-1983 per cent of the vacancies reserved for Ex-Servicemen and dependents of Ex-Servicemen killed in action disturbed areas.

(2.) It appears that the petitioners application was entertained. He was called for written test wherein he was declared successful. However by the impugned letter dated 31-3-1984 (Annexure E to the petition) the Secretary of respondent No. 2 Board informed the petitioner that he did not conform to the definition of Ex-Serviceman as given in the Ex-Servicemen (He-employment in Central and Civil Services and posts) Rules 1979 (hereinafter referred to as the Rules) and therefore his application is rejected. Being dissatisfied with the said rejection order the petitioner has filed this petition.

(3.) Mr. S. V. Raju learned Advocate for the petitioner has raised the following contentions:-