YOG RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) Since common questions of law and facts are involved in these original applications, therefore, these were heard together and are disposed by this common order.

(2.) The sum and substance of the dispute is that the applicants were enrolled in the Army and were discharged on medical grounds. With a view to secure re -employment the applicants registered their names with respondent No.3 i.e. Sub Regional Employment Officer (Cell Directorate of Employment and Employment Training, Hamirpur, H.P. However, respondent No.3 is not sponsoring their names for the posts for which they had got their names registered on the plea that they are only ex -recruits & not. Ex -servicemen and thus are not entitled for the benefits of re -employment as available to the Ex -servicemen under Rules. Aggrieved applicants have filed the present original applications seeking the reliefs (i) that anomaly created in the matter of sponsoring the names of Ex -recruits and Ex -servicemen being illegal, unconstitutional and ultra vires may be quashed and set aside and both these categories may be treated at par for the purpose of re -employment and benefit under the relevant rules and (ii) that the, respondents may be directed to sponsor the names of the applicants as Ex -servicemen for re -employment against the post as per their registration.

(3.) The respondents disputed the claim of the applicants by filing reply and a supplementary affidavit and claimed that the ex -recruits are not covered under the definition of Ex -servicemen, therefore they are not entitled for such benefits as are available to the Ex -servicemen under the rules for securing re -employment on civil side.