BIDHI CHAND Vs. STATE OF H P

JUDGEMENT

(1.) THE petition has been filed on the following prayers vide para 7 (i) to (iii) :-

(2.) IN the reply, filed on behalf of respondent No.2, the following stand has been taken by way of preliminary submission and para 6 (vi) (b) on merits :-

(3.) SOME of the undisputed facts may be noticed first. The petitioner, an Ex-Serviceman, was appointed as Patwari on 5th the establishment of the respondent-department on December, 1979. Though, admittedly he was entitled for grant of benefit of approved military service in terms of the provisions of Demobilised Armed Forces (Reservation of vacancies) Rules, 1972, yet the same could not be extended to him as he had not qualified the Patwar Examination which was a pre-requisite for the post of Patwari. However, admittedly later on he passed that examination in the year 1997. But, his case for grant of benefit of approved military service was not considered by the respondents even thereafter, on the grounds that the requisite certificate evidencing that the petitioner had qualified the Patwar examination was received in the office only on 31.1.2000, whereafter the case remained under correspondence with the Punjab Regiment, Ramgarh Cantt. (Bihar) for verification of the status of the petitioner as an Ex- Army Personnel. However, both these contentions on the face of it appear to be just a make believe story. Be that as it may, the fact remains that the petitioner had qualified the requisite Patwar examination in the year 1997 and was granted benefit of approved Military Service only on 5.6.1992 which, in fact, ought to have been granted to him as soon as he had passed the Patwar examination in the year 1997.