CHHOTAI RAM YADAV Vs. STATE OF U P

JUDGEMENT

(1.) The question that calls for determination in this writ petition is as to whether the respondents have violated Article 14 of the Constitution in not counting the military service rendered by the petitioner in the Indian Army while determining his seniority, etc. in the U. P. Civil Service (Executive)? Incidentally the question arises as to whether the provisions of the U. P. Non-Technical (Class-II/Group 'B') Services (Appointment of Demobilised Officers) Rules, 1980 (hereinafter referred to as the Rules) is discriminatory and violative of Article 14 of the Constitution due to non-inclusion, within its purview, of noncommissioned officers who joined 'Armed Forces of the Union' on or after November 1, 1962 but before January 10, 1968 and again on or after December 3, 1971 and released at any time thereafter?

(2.) The petitioner did M.A. in Mathematics from Allahabad University in the year 1962. On promulgation of external emergency due to the threat to the security and integrity of the Nation as a result of Chinese aggression in November, 1962, the petitioner joined the Indian Army as a Non-commissioned officer on 7.8.1964 without least thought of the career even though he was fully qualified to appear in the Civil Services Examination. After completion of arduous military training, he was posted in Western sector in the month of April, 1965 and there he participated in actual battle during Indo-Pak war in 1965 and was awarded medals - Samar Seva Star, Raksha Medal and Sainya Seva Medal (J & K). During the Bangladesh operation in 1971, he was on deputation with Government of Sikkim and was awarded Sangram Medal, 1971 and finally discharged from the military service on 14.12.1979. It would appear that the petitioner was selected for permanent commission (PC-SL) as an Education Officer and as a Quarter Master in the year 1978 but due to the prevailing family circumstances, he refused to wait for longer period and was discharged from the army service on 14.12.1979. Later on he appeared in the U. P. Civil (Executive Branch) Services Examination, 1982 and was selected by the Commission and appointed as Deputy Collector, Gonda, by Government Notification dated July 20, 1984. The petitioner staked his claim under the Rules for counting military service towards fixation of his seniority, etc. in the Civil Service to which he was appointed vide notification dated July 20, 1984. His claim came to be rejected by the State Government by order dated 23.2.1993 being Annexure-7 on the premises that the petitioner did not come within the purview of the Rules and did not satisfy the test of being 'demobilised officers' within the meaning of the Rules. The claim petition filed by the petitioner before the State Public Service Commission came to be dismissed in default vide order dated 7.6.2000.

(3.) We have had heard the petitioner who appeared in person and Sri Ran Vijai Singh, standing counsel representing the respondents. Despite opportunity, the respondents failed to file counter-affidavit and since the question involved is a question of law, we proceed to dispose of the writ petition finally after hearing the petitioner and the learned standing counsel.