SANSAR CHAND ATRI Vs. STATE OF PUNJAB
LAWS(SC)-2002-4-75
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on
April 02,2002
SANSAR CHAND ATRI
Appellant
VERSUS
STATE OF PUNJAB
Respondents
Cited Judgements :-
MADHAVNATH B TAMBOLI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-6-133] [REFERRED TO]VIRESH KUMAR VS. STATE OF H.P. [LAWS(HPH)-2013-4-91] [REFERRED TO]
SHEELKUMAR JAIN VS. NEW INDIA ASSURANCE CO LTD [LAWS(SC)-2011-6-36] [REFERRED TO]
SHEELKUMAR JAIN VS. NEW INDIA ASSURANCE CO LTD [LAWS(SC)-2011-7-128] [REFERRED TO]
MANISH KUMAR VS. UNION OF INDIA [LAWS(SC)-2021-1-34] [REFERRED TO]
SURJA RAM VS. UNION OF INDIA [LAWS(RAJ)-2003-12-29] [REFERRED TO]
GUNWANT VS. THE ZILLA PARISHAD, GONDIA AND ORS. [LAWS(BOM)-2015-6-209] [REFERRED TO]
WAMAN MADHAV SAKHAKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2004-3-174] [REFERRED TO]
Bamdev Nayak Class I Contractor Rep. by Bamdev Nayak, M/s. Neeladri Enterprises rep. by its Managing Partner Mr. Bamdev Nayak and M/s. Binco Constructions Pvt. Ltd. rep. by its Managing Director Mr. Bamdev Nayak VS. State of Karnataka rep. by it [LAWS(KAR)-2013-12-238] [REFERRED TO]
ASHWANI KUMAR SHARMA VS. ORIENTAL BANK OF COMMERCE [LAWS(DLH)-2002-9-235] [REFERRED TO]
BAI GULAB HARGOVANDAS JAGJIVANDASNI DIKARINA DIKARINA WILL & OTHER VS. STATE OF GUJARAT, SECRETARY & OTHER [LAWS(GJH)-2015-3-412] [REFERRED]
RAKESH KUMAR SHUKLA AND ANOTHER VS. STATE OF U. P. AND OTHERS [LAWS(ALL)-2003-10-247] [REFERRED TO]
MANJIT SINGH KAHLON VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2002-9-129] [REFERRED TO]
PAWANJIT SINGH VS. DIRECTOR GENERAL BSF [LAWS(P&H)-2004-7-129] [REFERRED TO]
RAGULA NARESH YADAV VS. STATE OF TELANGANA [LAWS(TLNG)-2023-6-12] [REFERRED TO]
BHARAT BHOGILAL PATEL VS. LEITZ TOOLING SYSTEMS INDIA PRIVATE [LAWS(BOM)-2019-6-345] [REFERRED TO]
AMANDEEP SINGH VS. UNIVERSITY OF DELHI AND ORS. [LAWS(DLH)-2015-8-2] [REFERRED TO]
T GOPALAKRISHNAN BHAT VS. CHAIRMAN [LAWS(KER)-2006-1-23] [REFERRED TO]
CHAIRMAN, ODISHA JOINT ENTRANCE VS. RAJASHREE NAYAK [LAWS(ORI)-2013-9-36] [REFERRED TO]
UNION OF INDIAD VS. P.V. SUBBA RAO [LAWS(APH)-2023-9-66] [REFERRED TO]
STEPHEN GEORGE VS. UNION OF INDIA [LAWS(KER)-2003-6-80] [REFERRED TO]
COMMISSIONER OF POLICE VS. HARISH KUMAR YADAV [LAWS(DLH)-2013-1-6] [REFERRED TO]
CHAIRMAN BAR COUNCIL OF TAMIL NADU HIGH COURT CAMPUS CHENNAI VS. S SESHACHALAM [LAWS(MAD)-2009-7-390] [REFERRED TO]
AATISHA VS. UNIVERSITY OF DELHI AND ORS. [LAWS(DLH)-2015-10-65] [REFERRED TO]
GURUMUKH SINGH VS. UNION OF INDIA [LAWS(BOM)-2006-11-167] [REFERRED TO]
JUDGEMENT
D. P. Mohapatra, J. -
(1.)Leave is granted in all the special leave petitions.
(2.)The question that falls for determination in these appeals is whether the appellants are 'ex-servicemen' for the purpose of appointment under the Punjab Recruitment of Ex-servicemen Rules (for short 'the Rules'). These appeals are directed against the common judgment of the High Court of Punjab and Haryana dismissing the writ petitions filed by the appellants. Since all the writ petitions were disposed of by the judgment rendered in C.W.P. No. 19084/98 filed by Sansar Chand Atri who is the appellant in the civil appeal arising out of S.L.P. (C) No. 3683 of 2000, in facts in that case are stated for sake of convenience.
(3.)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 16-10-1998, the appellant submitted an application for appointment against one of the posts reserved for ex-servicemen. The competitive examination for recruitment to the post was to commence from 21-12-1998. The appellant was informed by the Commission that he could not be considered as an ex-servicemen as he had been discharged from the Indian Army at his own request. Feeling aggrieved by the action of the Commisson in declining consideration of his candidature as ex-serviceman the appellant filed the aforementioned writ petition.
(2.)The question that falls for determination in these appeals is whether the appellants are 'ex-servicemen' for the purpose of appointment under the Punjab Recruitment of Ex-servicemen Rules (for short 'the Rules'). These appeals are directed against the common judgment of the High Court of Punjab and Haryana dismissing the writ petitions filed by the appellants. Since all the writ petitions were disposed of by the judgment rendered in C.W.P. No. 19084/98 filed by Sansar Chand Atri who is the appellant in the civil appeal arising out of S.L.P. (C) No. 3683 of 2000, in facts in that case are stated for sake of convenience.
(3.)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 16-10-1998, the appellant submitted an application for appointment against one of the posts reserved for ex-servicemen. The competitive examination for recruitment to the post was to commence from 21-12-1998. The appellant was informed by the Commission that he could not be considered as an ex-servicemen as he had been discharged from the Indian Army at his own request. Feeling aggrieved by the action of the Commisson in declining consideration of his candidature as ex-serviceman the appellant filed the aforementioned writ petition.
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