C.W.P. No. 15064 of 2010 [ 1 ]
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
C.W.P. No. 15064 of 2010
Date of Decision: July 7,2011
Randhir Singh (Ex.Hav.) .................................... Petitioner
Versus
State of Punjab and others ....................... Respondents
Coram: Hon'ble Ms. Justice Ritu Bahri
1.To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
Present: Ms. Jigyasa Tanwar, Advocate
for the petitioner.
Mr. Puneet Gupta, Addl. A.G. Punjab,
for respondents No. 1 to 3.
Mr. Sanjeev Sharma, Advocate
for respondent No.4.
...
RITU BAHRI, J. (Oral)
The petitioner was discharged on 28.2.2009 from
the India Army. Subsequently, in response to the
advertisement dated 28.2.2010, he applied for the post of
Constable against the 12 reserved posts for Ex-Servicemen.
Grievance of the petitioner is that respondent No.4 has been
selected as Constable in spite of the fact that he is still
C.W.P. No. 15064 of 2010 [ 2 ]
serving in the Army.
In the written statement filed on behalf of
respondents No. 1 to 3, reference has been made to
instructions dated 27.10.1986 (Annexure R-1) whereby
persons serving in the Armed Forces of the Union who were
to retire within one year were given the concession to apply
in the category of Ex-Servicemen, with the further condition
that they will not leave the uniform until they complete the
specified term of engagement in the Armed Forces of the
Union. In view of the these instructions, respondent No.4 had
applied for the post of Constable and was duly selected. On
28.2.2011, he has since been discharged from the Army. His
selection is as per the aforesaid instructions.
No ground to interfere.
Dismissed.
7.7.2011 ( RITU BAHRI ) Rupi JUDGE