GOVIND RAJ GAUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The applicant is serving in the Excise & Taxation Department as an Excise and Taxation Inspector. He joined the Army in December 9, 1962 and was discharged on August 1, 1967. He was appointed in the direct recruitment on January 2, 1971 against the vacancy reserved for Ex -serviceman. He approached the respondent department for counting of his Army Service for the purpose of seniority and fixation of pay in accordance with the Demobilised Armed Forces Personnel (Reservation of Vacancies in Himachal State Non -Technical Services) Rules, 1972. However, the respondents did not fix the seniority of the applicant by treating the applicant as an ex -serviceman.

(2.) In the present application following reliefs have been claimed: (i) the applicant be declared senior to the respondents 3 to 16. (ii) the respondents may be directed to count the military service of the applicant for all benefits i.e. seniority, promotion and pay fixation.

(3.) In their reply the respondents 1 and 2 have resisted the claim of the applicant mainly on the ground that the applicant is not covered in the definition of Ex -serviceman as given in Rule 1 of the Booklet on Service Matters relating to Ex -serviceman. The respondents 1 and 2 have stated that the term "Ex -serviceman" for the purpose of Demobilished Armed Forces Personnel (Reservation of Vacancies in Himachal State Non -Technical Services Rules has been defined as under : "Ex -serviceman means a person who has served in any rank (whether as a combatant or as a non -combatant) in the Armed Forces of the Union, including the Armed Forces of the Former Indian States but excluding, the - (a) Assam Rifles; (b) Defence Security Corps; (c) General Reserve Engineering Forces; (d) Lok Sahayak Sena; and (e) Territorial Army. for a continuous period of not less than six months after attestation, and (i) has been released, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency, or has been transferred to reserve pending such release; OR (ii) has to serve for not more than six months for becoming entitled to be released or transferred to the reserve; OR (iii) has been released at his own request, after completing five years service in the Armed Forces of the Union."