THE STATE OF PUNJAB Vs. BARINDER SINGH

JUDGEMENT

(1.) This appeal under Clause X of the Letters Patent is directed against the judgment dated 5.4.1984 passed by a learned single Judge allowing Civil Writ Petition 668 of 1982 whereby a direction was issued to the Punjab Public Service Commission, Patiala (for short the Commission) to declare the result of Barinder Singh respondent (hereinafter referred to as the petitioner) without taking into account his result of the viva voce test and only on the basis of his performance in the written examination. The State Government was further directed to consider his case for appointment to one of the posts reserved for the Released Indian Armed Forces Personnel (hereinafter called the released personnel) which were lying vacant.

(2.) Shorn of the unnecessary details brief facts which are necessary for the disposal of the appeal may first be noticed.

(3.) By an advertisement issued on January 20, 1979, the Commission invited applications from eligible candidates to fill up 64 vacancies in the Punjab Civil Service (Executive Branch) and other Allied Services through a competitive examination. 13 out of these vacancies were reserved for the released personnel who joined military service after 1.11.1962 but before 10.1.1968 and we are concerned only with these vacancies in the present appeal. Petitioner who joined the Indian Army on April 24, 1970 and was discharged therefrom on April 26, 1978 on account of a medical disability applied for one of the posts reserved for the released personnel. Since the petitioner had not joined military service before 10.1.1968, he was not considered eligible for a post reserved for the released personnel and was instead treated as a candidate belonging to the general category. He then filed Civil Writ Petition 2587 of 1980 in this Court which was allowed by a learned single Judge on April 20, 1981 and a direction was issued to the respondents therein including the Commission and the State Government to consider the case of the petitioner against the posts reserved for the released personnel.