KHUSBASH SINGH SANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Petitioner before graduating but while studying in B.A. final, after qualifying B.A. (Part II) examination was selected in the Indian Army as a lieutenant. On 14th of February, 1964 he reported for his pre -Commission training at the Indian Military Academy at Dehra Dun. He was granted Commission after successful completion of the training in August, 1964. He was released on 1st of September, 1968. After that he passed his B.A. Examination in 1971. The Punjab Public Service Commission advertised certain posts of P.C.S. (Executive Branch) and Allied Services and held competitive examination in December, 1972. He appeared in that competition for the posts reserved for the demobilised Indian Armed Forces Personnel and qualified. He was selected and appointed against one of those posts on 13th of March, 1974. In the meantime he also passed M.A. Examination.

(2.) THE Punjab Public Service Commission had also held 3 competitive examination for the P.C.S (Executive Branch) on 17th of February, 1964. The Petitioner claimed the fixation of his seniority under Rule 4(1) of the Demobilized Indian Armed Forces Personnel (Reservation of Vacancies) in the Punjab Civil Service (Executive Branch) Rules, 1972, (hereinafter referred to as the E. B. Rules), on the ground that his date of appointment in P.C.S. (Executive Branch) has to be taken on the assumption that he had joined the Service under the State Government at the first opportunity that he had after joining the Military Service or training prior to the Commission. He, on that basis, has claimed the counting of his military service for the fixation of pay and seniority and cited an instance of Shri Bir Inder Pal Singh Kahlon (P.C.S.), a demobilized Indian Army personnel, who was given such a benefit.

(3.) THE case was admitted to D.B. When the case came up before a Division Bench of this Court, of which I was a member, the question mooted was "Does the first opportunity and that too an assumption, depend also on the then educational qualifications of an Ex -Serviceman or merely on the attainment of the minimum age alone." Amarjit Singh Sodhi v. The State of Punjab and Ors., (1976) S.L.W.R. 311, was cited by the Petitioner. It was felt that the ratio of Amarjit Singh Sodhi's case (supra) may have to be reconsidered. On that ground the case was referred to a larger Bench and it has now been placed before us.