- (1.) We have already dismissed the special leave petitions on 5/5/1995 staling that reasons would follow. We set out the reasons as under: The Demobilised Armed Forces Personnel [reservation of Vacancies in the Punjab State (Non-Technical Services) ] Rules, 1968 (hereinafter referred to as "the Rules") apply to all posts which are filled in by direct recruitment after 1/11/1966. Although the Rules apply to the posts filled in after 1/11/19666, the seniority to be given to the demobilised army personnel under Rule 5 of the Rules may take effect from a date prior to 1/11/1966, depending upon when the first available opportunity to occupy the post in question as per Rule 3 became available to the person concerned.
(2.) Rule 4 requires that the individual concerned must be qualified to appear for the examination for the posts in question after he is demobilised. However, he should not have been above the upper age-limit fixed for the said posts when he joined the military service. Reading of Rule 4 (a) and (b) and Rule 5 together would suggest that it is not necessary that he should have been qualified to apply for the post when the first opportunity tooccupy the said post became available to him while he was in military service.
(3.) Rule 5 confers seniority on the individual concerned from the date the said post was filled in for the first time after the individual joined the military service;