STATE OF PUNJAB AND OTHERS Vs. BALBIR BHARDWAJ

JUDGEMENT

(1.) Aggrieved by the order passed by the learned Single Judge, the State of Punjab has filed the present appeal.

(2.) The respondent joined the Indian Army, on 25.04.1966, as a Lieutenant. He was discharged on 18.11.1976.

(3.) The Punjab Public Service Commission issued an advertisement dated 2.12.1978, appended to the writ petition as Annexure P-3, inviting applications for 39 posts of Dental Assistant Surgeons. 7 posts were reserved for Indian Armed Forces Personnel appointed in the armed forces on or after 01.11.1962 and released thereafter. As the respondent, was eligible for the post of Dental Assistant Surgeon, under the quota reserved for Armed Forces Personnel, he applied and was selected. He was appointed as an adhoc Dental Assistant Surgeon vide memo dated 5.5.1979. He, thereafter, made a representation praying for the grant of benefit of military service. Rejection of his representation led to the filing of a writ petition. The writ petition was allowed by holding that the respondent was deemed to have been appointed under the 1978 Punjab State Technical (Medical & Engineering) Services Rules (for short 1978 Rules) and was therefore, entitled to the benefit of military service.