High Court Punjab-Haryana High Court

Randhir Singh (Ex.Hav.) vs State Of Punjab And Others on 7 July, 2011

Punjab-Haryana High Court
Randhir Singh (Ex.Hav.) vs State Of Punjab And Others on 7 July, 2011
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