LATIF AHMED THIND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner joined Indian Air Force as Airman in 1986. He failed to pass the examination in spite of three chances for Commission in the Indian Air Force. He had two options i) either to stick on in the Air Force as an Airman or (ii) to leave the job. He chose to leave the job after spending 5 years and 54 days. He left Air Force on August 2, 1991-At that time the Punjab Recruitment of Ex- Servicemen Rules, 1982 (herein after called as 'Old Rules') were applicable and he being an Ex- Servicemen as defined was entitled to seek civil services. The definition of Ex-Servicemen as per these Rules reads as under: -

(2.) In the year 1992, 64 vacancies were advertised in the newspaper which had occurred in the year 1991. Copy of the advertisement is Annexure P.3. The applications were invited for P.C.S. (Executive BranchO and allied services examination, 1991. A press-note was also issued in November, 1993 that such vacancies were of 1991 and were being filled. Copy of the press note is Annexure P.4. The Old Rules were amended in 1982 (to be called the Amended Rules). These Rules came into force with effect from September 22,1992. The definition of Ex-Serviceman stood amended and reads as under:-

(3.) From the amended definition of Ex-Serviceman as reproduced above, it is now clear that the petitioner cannot be treated as an Ex-serviceman because he left Indian Air Force on his own request. In the present writ petition filed by the petitioner he claims that the amended rule of 1988 amending the definition of Ex- Serviceman is ultra vires the provisions of the Constitution. The amended Rules will not affect recruitment to the post which fell vacant much prior to the enforcement of the amended Rules. In other words, the relevant law as existing on the date of vacancies occurred would be applicable for filling such posts.