Decided on January 07,2020

Vikas Saklani Appellant
STATE OF H.P. Respondents


SURESHWAR THAKUR,J. - (1.)The respondent concerned, published, an, advertisement, as, becomes borne in Annexure R-2/1, annexure whereof becomes appended with the extant petition, wherethrough, it/they invited applications, hence, from, all, the, eligible aspirants concerned, for the latter applying against the advertised posts. The petitioner herein, also, applied against the apposite advertised post, rather, in, the, category, of, exservicemen. Consequent, to, the, petitioner, applying, against, the, apposite advertised post, hence, in the category of exservicemen (general), he, also successfully qualified, the, written examination, (a) and, as, becomes unfolded by Annexure-C, annexure whereof becomes appended to the rejoinder, he became invitited, for, appearing, for, viva voce, (b) however, he was declared "not eligible", under, the, category, of, exservicemen (General), (c) whereas, Karan Singh Guleria, arrayed as co-respondent No.4, obtained 93 marks, one Piare Lal Sharma, arrayed as co-respondent No.6 obtained 95 marks, and, one Ghanshyam Dass, arrayed as co-respondent No. 3, obtained 85 marks, and, one Chet Ram, arrayed as co-respondent No.5, obtained 60 marks, hence, in the viva voce. The reason, for, the, writ petitioner, becoming declared "not eligible", despite, becoming invited for the interview, is, encapsulated, in, his not, complying, with, condition No.6, inasmuch, as, his, at, the, relevant stage failing, to, submit, the, copy, of, his apposite discharge certificate, from, the, Army.
(2.)The merit, of, the, afore reason, as, becomes assigned, by, the, respondent concerned, for, its not interviewing, the, writ petitioner, has, to be adjudged, on, anvil, of, the, definition, of, ex-servicemen, as borne in Rule (2), of, a notification, as, became, issued, on, 18.09.2007, by, the, Government, of, Himachal Pradesh. The apposite afore Rule, is, extracted hereinafter:-
"2. Definition "(b) "Ex-servicemen" means a person, who has served in any rank whether as a combatant or non-combatant in the regular Army, Navy and Air Force of the Indian Union and,-

(i) who retired from such service after earning his/her pension; or

(ii) who has been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or

(iii) who has been released/retired or discharged at his own request or as a result of reduction in establishment; or(iv) who has been released from such service after completing the specific period of engagements otherwise by way of dismissal or discharge on account of misconduct or in-efficiency and has been given gratuity and includes personnel of the Territorial Army of the following categories;-

(i) pension holders for continuous embodied service;

(ii) persons with disability attributable to military service; and

(iii) gallantry award winners. Explanation: The person serving in the Armed Forces of the Union, who on retirement from service, would come under the category of "Ex-Servicemen" may be permitted to apply for re-employment one year before the completion of the specified terms of engagement and avail themselves of all concession available to ex-servicemen but shall not be permitted to leave the uniform until they complete the specified terms of engagement in the Armed Forces of the Union."

Though, the substantive portion of the afore definition, and, pointedly, the, one appertaining, to, the, extant situation, and, as becomes embodied, in, clause (iv) thereof, does enjoin, upon, the, aspirant concerned, for becoming fully capacitated, rather for competing, in, the, afore category, of, the, apposite advertised post, to, hence, at, the, relevant stage, ensure, qua, his becoming released, from, the Military service, and, it also further contains enshrinements, vis-a-vis, the aspirant concerned, becoming construable, to, fall, within, the, definition, of, ex-servicemen, (a) upon, his becoming amenable, for, being released, from, military service, amenability whereof, becoming spurred, only after his completing, the, specific period, of, his engagements, otherwise, by way, of, his dismissal or discharge, on, account, of, misconduct or inefficiency, and, has been given gratuity. The writ petitioner, claims, that, he falls within clause (4), of, the afore apposite Rule 2, inasmuch, as, he espouses, vis- a-vis, his becoming released, from, military service, after his completing the apposite specific period, of, service therein.

However, the, import, of, sub-clause (iv), and, as, becomes borne, in, Rule 2, of, the, apposite notification, has, also to be gauged, from, the, explanation occurring thereunderneath, (b) wherein, it becomes mandated, vis-a-vis, those persons serving in the Armed Forces, of, the Union, and, on retirement from service, hence, would come under the category of exservicemen, (c) besides, would become further ably enabled, for, becoming permitted to apply, for, re-employment, rather even yet with one year, surviving, obviously, before, the, completion, of, the, specified terms, of, engagement, in, military service. (d) Moreover, thereafter, it, also becomes mandated therein, qua theirs not becoming permitted, to, leave, the, uniform, until, they complete, the, specified terms, of, engagement, in, the, Armed Forces, of, the Union.

(3.)A perusal, of, the apposite no objection, borne in Annexure P/4, as, became issued in the month of February, 2013, by, the authorised officer of the Indian Army, vis-a-vis, the petitioner (a) underscores, vis-a-vis, the petitioner completing the mandatory tenure, of, five years, of, his military service, rather on 12th May, 2013, (b) and, also it becomes pronounced therein, vis-a-vis, the Indian Army rather holding no objection, if the petitioner makes, an application for civil jobs, (c) besides, a further no objection becomes echoed therein, vis-a-vis, his appearing in the competitive examination, (d) yet, also therein, an, echoing occurs, vis-a-vis, his being released, on, his making, a, three moths prior notice, upon, his selection, vis-a-vis, the military authorities, hence, computable, from, the, date, of, receipt, of, offer, of, appointment.
Furthermore, the writ petitioner, as, underscored, by Annexure R-2/2, becomes declared, to, not become subjected, to, any disciplinary/quasi Judicial/Judicial proceedings, hence, obviously, and, apparently there being no impediment, or, bar against his becoming released, from, military services. The effect, of, the afore communications, as, become embodied, in, the afore annexure, is, to be guaged, along with, and, in, tandem, with, the, apposite publication, of, advertisement, hence, on 1.1.2014, (e) publication whereof, occurred, upon, almost six months elapsing since the making, of, Annexure P-4, and, wherein, it becomes pronounced qua the petitioner, completing his specific period, of, engagement, in, the military service, and, hence, his becoming empowered, to, claim, the, benefit of clause (iv), of, Rule 2, of, the, apposite notification, (f) inasmuch, as, when it becomes echoed, in, Annexure P-4, qua, the, petitioner herein completing, the, mandatory tenure of military service on 12 th May, 2013, hence, the requisite compliances, within, the, domain, of, the afore apposite clause, does obviously occur, and, also surges forth. Conspicuously also rather, pointedly, when, the apposite completest, hence, completion, in military service, rather, occurred, not one year prior to its completion, rather, evidently when the, completest, hence, apposite completion, did occur, six months, prior to, the, apposite publication, reiteratedly hence rendering, open an inference qua the apposite rule becoming thereat hence complied with.


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