GOBIND RAM SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) THE instant appeal filed under Clause 12 of the Letters Patent is directed against judgment and order dated 19.03.2009 rendered by the learned Single Judge of this Court dismissing SWP No. 1606 of 2008. The primary reason for rejecting the claim made by the appellant-petitioner is that he could not be treated as Ex-serviceman so as to become ineligible for consideration under that category.

(2.) IT is appropriate to mention that appellantpetitioner was a candidate for the post of teacher under reserved category of Ex-serviceman and the last date for receiving the applications was 28.02.2006 when he was still serving in the Army and he was discharged on 01.10.2006. On the basis of the definition expression ' Ex-serviceman, learned Single Judge ruled that the appellant-petitioner cannot be recorded as Exserviceman as he was still serving and thus ex-facie ineligible in terms of the rules.

(3.) WE have heard learned counsel for the parties at some length. It has been submitted that there are instructions issued by the Ministry of Personnel, P. G & Pensions, Government of India dated 3.4.1991 which provides that a person would be treated as exserviceman if he is likely to be discharged within a period of one year from the cut off date fixed in the advertisement notice. According to the learned counsel any personnel serving in the Army could apply if he is to be discharged within a year later after the cut off date.