- (1.) The appellants, Dalip Singh Sidhu and Chittaranjan Singh Chima were enrolled in Indian Air Force in December 7, 1957 and September 3, 1959, respectively, After completing 15 years of service, they were released from Army in their ranks as Sergeants on January 25, 1974 and December 31, 1974, respectively. When recruitment to the posts of sports personnel was advertised, they came to be appointed as Junior Sports Officers by the Punjab Government on September 30, 1974 and October 29, 1976 respectively. They filed Writ Petition No. 2860/79, in the High Court claiming past service in the Air Force as demobilised army personnel. The Division Bench by judgment dated December 9, 1980, following its earlier judgment in State of Punjab v. Pritam Chand, (LPA No. 401 of 1976), dismissed the writ petition. Thus, this appeal by special leave.
(2.) Shir A. P. Mohanty, learned counsel for the appellants, contended that the Government had applied the Punjab Demobilized Armed Force Personnel (Reservation of vacancies of Punjab State Non-Technical Service) Rules, 1977, dated April 20, 1977, with retrospective effect dated February 28, 1973. Rule 2(c) reads as under: "2(c) release means (with its grammatical variations) release as per the scheduled year of release after a spell of service, from the Armed Forces of the Union but does not include release during or at the end of training, or during or at the end of short service Commission granted to cover periods such training prior to being taken in actual service or release on account of misconduct or inefficiency or at the request of a released Indian Armed Forces Personnel himself."
(3.) He contends that the said rule has no application to the persons who were appointed before the 1977 Rules came into force. The High Court, therefore, was not right in denying the benefit of the past service and the consequential benefits ensured thereunder. The question is:whether the appellants are entitled to the benefit of their past service rendered in the military for the copulation of their seniority in the civil service and resultant consequential benefits.;