SANSAR CHAND ATRI Vs. STATE OF PUNJAB
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
SANSAR CHAND ATRI
STATE OF PUNJAB
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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.
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