BIRU RAM PATHAK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A supposed conflict of view betwixt the Division Bench Judgments of this Court in Dr. Jagmohan Singh and Anr. v. The State of Punjab and Anr., 1980 (3) S.L.R. 400, and The State of Punjab and Anr. v. Shri Pritam Chand, 1980 (3) S.L.R. 802, alone has necessitated this reference to the Full Bench.

(2.) SINCE we discern no discordance betwixt the two judgments it is wholly unnecessary to advert to the facts. At the very threshold it deserves highlighting that the same learned judges who constituted the Division Bench in the aforesaid two cases were construing the distinct and separate definition clauses of Rule 2 of the Demobilized Armed Forces Personnel (Reservation of Vacancies in the Punjab State Non Technical Services) Rules, 1968, as amended by Rules of 1977. To bring this in sharp focus the relevant provisions which fell for construction in each of the two cases may be juxtaposed against each other:

(3.) IT would thus appear that herein there is no conflict of judicial opinion. The Division Bench in Dr. Jagmohan Singh's case and that in Pritam Chand's case were construing altogether different and independent clauses of Rule 2. Indeed the learned Counsel for the parties ultimately were unanimous in submitting that in fact no divergence of judicial opinion arises and that they were somewhat remiss to even suggest the same before the learned Single Judge.