J.M. Tandon, J. - (1.) Capt. Sewa Siogh Bason joined the Indian Army as an Emergency Commissioned Officer on July 15, 1963, and was promoted to the acting rank of Captain. He was released from the Army on Aug. 1, 1968. The Punjab Public Service Commission advertised for the direct recruitment of 11 Posts of Technical Assistants in the Economic and Statistical Organisation of Punjab Government. Out of the 11 posts, three posts were reserved for the Army Personnel under Demobilised Armed Forces Personnel (Reservation of Vacancies in the Punjab State Non-Technical Services Rules 1968 (hereinafter the Rules). The petitioner applied for one of these posts and he was selected. He joined as a Technical Assistant on Feb. 20, 1969.
(2.) In Sept., 1969, the Punjab Public Service Commission advertised for direct recruitment of two posts of Research Officers/District Statistical Officers in the Economic and Statistical Organisation. Both the posts were reserved for ex-Army personnel. The petitioner applied for one of the two posts. He and Satwant Singh Gill were selected by the Punjab Public Service Con mission for the two posts. Their names were recommended to the Government for appointment on May 8, 1970. Satwant Singh Gill was appointed as a Research Officer/District Statistical Officer on July 18, 1970. The recommendation of the Punjab Public Service Commission regarding the appointment of the petitioner was kept under consideration because the State Government was tentatively of the view that the petitioner having been selected as Technical Assistant against the reserved vacancy was perhaps not entitled to be selected again tor the post of Research Officer/District Statistical Officer against a vacancy similarly reserved for the ex-Army personnel. The petitioner having failed to secure appointment us a Research Officer/District Statistical Officer in pursuance to the recommendation of the Punjab Public Service Commission has filed the present writ wherein the prayer made is that the State Government be directed to give him such appointment. Rule 3(1) of the Rules reads:- Twenty per cent of the non-technical posts to be filled up through direct recruitment shall be reserved for being filled up by the Released Indian Armed Forces Personnel who joined service or were commissioned on or after the 1st day of Nov., 1962 and are released at any time thereafter."
(3.) The post of a Research Officer/District Statistical Officer against which the petitioner is seeking appointment is admittedly reserved for Army personnel. The petitioner did apply for this post and this has since been selected by the Punjab Public Service Commission. The Punjab Public Service Commission recommended his name to the Government for appointment on May 8, 1970. It is further admitted that the petitioner was appointed as a Technical Assistant on Feb. 2 , 1969, against a post reserved for ex- Army personnel. The point for consideration is if under these circumstances the petitioner is or is not entitled to be appointed as a Research Officer/District Statistical Officer against a vacancy reserved for the ex-Army personnel. In other words whether the benefit of rule 3(1) of the Rules can be given to an ex-Army personnel only once.;