- (1.) This writ petition is confined only to petitioner No. 2 at this stage, in as much as during the pendency of the writ petition, petitioner Nos. 1 and 3 have since been appointed as District Sainik Welfare Officers (Now designated as Deputy Directors) which is a Class-I post in the Punjab District Sainik Welfare Officers (State Service Class-I) Rules, 1986.
(2.) Petitioner No. 2 is an ex-emergency commissioned officer and was released from the Army on 1.7.1970 in a phased programme. At that time, he was serving as a Captain.
(3.) Punjab Public Service Commission advertised posts of Assistant District Sainik Welfare Officers and petitioner No. 2 was selected and appointed as such on 6.10.1986. State of Punjab on 30.4.1986 notified the rules known as Punjab District Sainik Welfare Officers (State Service Class-I) Rules, 1986 (hereinafter called Class-1 Rules). Rule 8 of Class-I Rules, which provides for method of appointment and qualifications, is in the following terms:- "8. Method of appointment and qualifications:- (1) Appointment to the Service shall be made i) by direct appointment of ii) by transfer of an officer already in the Service of the Government of India or of a State Government. 2) Whenever any vacancy arises, the appointing authority shall determine the method by which the same is to be filled in. 3) No person shall be appointed to the service unless he a) is an ex-Indian Commissioned Officer of the rank of Second Lieutenant, Lieutenant, Captain or Major or an officer of equivalent rank of the Indian Navy or the Indian Air Force; Provided that the Government may, in exceptional circumstances and for reasons to be recorded in writing, relax this condition; Provided further that in case no suitable person as specified in this Clause is available, an Ex-Emergency Commissioned Officer of any of the ranks mentioned therein shall be eligible for appointment to the service; b) produces a dossier and recommendation certificate from the cocerned Defence Services Head Quarters, and c) is a Matriculate of a recognised university or possesses equivalent qualifications. ExplanationIndian Army, Air Force or Navy Special Certificate of Education will be treated as equivalent to Matriculation Certificate".;