9911796707
TMI Blog2002 (4) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... Punjab and Haryana dismissing the writ petitions filed by the appellants. Since all the writ petitions were disposed of by the judgment rendered in CWP No.19084/98 filed by Sansar Chand Atri who is the appellant in the Civil Appeal arising out of S.L.P.© No.3683 of 2000, the facts in that case are stated for sake of convenience: In response to the advertisement dated 16.10.1998 issued by the Punjab Public Service Commission inviting applications for certain posts of the Punjab Civil Service (Judicial) Branch, which appeared in the newspaper 'Tribune' on 16.10.98, the appellant submitted an application for appointment against one of the posts reserved for ex-servicemen. The competitive examination for recruitment to the post wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Security Corps and the General Reserve Engineering Force, and has been released otherwise than on ground of misconduct or inefficiency." Rule 3 which makes provision regarding extent of application provides that the rule shall apply to all the State Civil Services and posts connected with the affairs of State of Punjab excepting the Punjab Vidhan Sabha and the Secretariat Services and the Punjab Higher Judicial Service. In Rule 4 provision is made for reservation of 15% of the vacancies to be filled in by direct appointment in all the State Civil Services and posts connected with the affairs of the State of Punjab to be filled in by recruitment of ex- servicemen. In the proviso to the said Rule a limit of 50% is prescribed for the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on who has served in the defence security corps, the General Reserve Engineering Force the lok Sahayak sena and the para military forces, but includes personnel of the Lok Sahayak sena of the following categories, namely ; (i) pension holders for continuous embodied services; (ii) persons with disability attributable to military service and (iii) gallantry award winners. Explanation : The persons serving in the armed Forces of the Union, who on retirement from service would come under the category of 'ex- serviceman' may be permitted to apply for re- employment and avail themselves of all concessions available to ex-servicemen but shall not be permitted to leave the uniform until they complete the specific terms of engagemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the Certificate issued by the Ministry of Defence the appellant has been described as an ex-serviceman. The provision for reservation in the service rules is meant for the benefit of ex-servicemen. The purpose is to provide them with suitable jobs in civil services so that they may not face difficulty in adjusting themselves in civil society after leaving the defence service. In the context of the scheme of the provision the provisions in the rule should be interpreted in a purposive and reasonable manner so that the intent and purpose of the provision is served. From the provisions in the rules it appears that a distinction has been made by persons who are released from the army on ground of medical disqualification or on ground of ine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) has no application in the instant case for the reason that it applies to such of those persons who are relieved from service after specific period of engagement and become entitled to get gratuity. If a person, who served in the armed forces, is released after being granted the benefit of pension, the case is taken out of purview of sub-clause (iv). The exclusionary words "otherwise than at his own request" occurring in sub-clause (iv) cannot, therefore, be relied upon to deny the benefit to the appellants. Then the question arises whether such person would fall under sub-clause (i)? True, according to the terminology used in the Service Rules governing the armed forces there is a distinction between retirement and release/disch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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