SADHU RAM VIRDI Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was recruited to the Indian Army on 12th July, 1963 and after completion of his training was granted Emergency Commission on 26th January, 1964. He was released from the Army in August, 1968. In order to accommodate the released Armed Personnel in Civil Services, statutory rules were framed by the Governor of Punjab under Article 309 of the Constitution, namely, Demobilised Armed Forces Personnel (Reservation of Vacancies in the Punjab State non-Technical Services) Rules, 1968. Rule 3 of the aforesaid Rules is reproduced hereunder :-

(2.) After his release from the Army, the petitioner was selected by the Punjab Public Service Commission as Secretary, District Soldiers, Sailors and Airmen's Board, and was appointed as such by the Secretary to Government Punjab, Defence Services Welfare Department, Chandigarh, on 9th April, 1975. Later on, the petitioner was confirmed on this post with effect from 30th June, 1975, by order dated 2nd September, 1983. Two posts out of twelve posts of District Sanik Welfare Officers (formerly designated as Secretary, District Soldiers, Sailors and Airmen's Board) were reserved for Demobilised Armed Forces Personnel, to which category the petitioner belonged. however, on 11th June, 1987, the Government declined to grant to the petitioner the benefit under the Demobilised Armed Forces Personnel Rules of 1968. Aggrieved against this order, the petitioner has invoked the writ jurisdiction of this Court praying for restoration of the benefit already granted to him.

(3.) In the written statement, attempt has been made to justify the impugned action by pleading that though the petitioner was an ex-Emergency Commissioned Officer, yet his appointment was not against one of the vacancies which were to be reserved and notified under the Demobilised Armed Forces Personnel (Reservation of Vacancies in the Punjab State Non-Technical Service) Rules, 1968, substituted by the Punjab Recruitment of Ex-servicemen Rules, 1982. It has further been added that in order to get benefit under the Demobilized Armed Forces Rules, the petitioner should have competed and got selected against the post advertised under those Rules. Since he was not selected against any of such posts, the benefit could not be given to him under the Rules.