HARDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whether the petitioner who joined service prior to the amendment in the year 1977 of Demobilised Armed Personnel (Reservation of Vacancies in the Punjab State Non-Technical Services) Rules, 1968 (for short, 'the Rules,) is governed by the Rules as they stood prior to their amendment and whether he was appointed to a post reserved for a Released Indian Armed Forces Personnel are the two questions which arise for determination in this petition under Article 226 of the Constitution. Facts giving rise to this petition may be taken note of.

(2.) Petitioner joined military service on May 20, 1969 and was released from the Army on his own request on April 16, 1975. The total period for which he served the Army, thus, comes to 5 years, 10 months and 26 days. After his release from the Army he was selected as a Clerk in the office of the Director, Prosecution and Litigation, Punjab on August 21, 1975 and he joined this post on August 26, 1975. He claimed the benefit of his aforesaid military service for purposes of seniority and pay fixation in terms of Rule 5 of the Rules. The claim was rejected by the Department on the ground that the Rules were amended on April 20, 1977 which amendment was published on May 20, 1977 and according to the amended Rules the petitioner was not a' Released Indian Armed Forces Personnel' so as to get the benefit thereunder. The other ground on which the claim was rejected was that he had not been appointed against a post reserved for being filled up by a Released Indian Armed Forces Personnel and therefore he could not be given the benefit under the Rules. The present petition has been filed challenging the action of the respondent in not giving to the petitioner the benefit of his military service in terms of Rule 5 of the Rules as it stood prior to their amendment.

(3.) Before dealing with the contentions raised on behalf of the petitioner it is necessary to notice the relevant provisions of the Rules as they stood prior to their amendment in the year 1977 and the amendments made therein. Rules 3(1) and 5(1) as they stood prior to their amendment read as under :-