- (1.) The petitioner joined Indian Air Force as Airman in 1986. He failed to pass the examination in spite of three chances for Commission in the Indian Air Force. He had two options i) either to stick on in the Air Force as an Airman or (ii) to leave the job. He chose to leave the job after spending 5 years and 54 days. He left Air Force on August 2, 1991-At that time the Punjab Recruitment of Ex- Servicemen Rules, 1982 (herein after called as 'Old Rules') were applicable and he being an Ex- Servicemen as defined was entitled to seek civil services. The definition of Ex-Servicemen as per these Rules reads as under: - "(c) 'Ex-servicemen' means a person who joined any rank, whether as a combetent or as a non-combetent, on or after the first day of November, 1962, in the Armed Force of the Union, excluding the Assam Rifles, Lok Sahayak Sena, Jammu and Kashmir Military Territorial Army, Defence Security Corps and the General Reserve Engineering Force, and has been released otherwise than on grounds of misconduct or inefficiency".
(2.) In the year 1992, 64 vacancies were advertised in the newspaper which had occurred in the year 1991. Copy of the advertisement is Annexure P.3. The applications were invited for P.C.S. (Executive BranchO and allied services examination, 1991. A press-note was also issued in November, 1993 that such vacancies were of 1991 and were being filled. Copy of the press note is Annexure P.4. The Old Rules were amended in 1982 (to be called the Amended Rules). These Rules came into force with effect from September 22,1992. The definition of Ex-Serviceman stood amended and reads as under:- "(c) "Ex-serviceman" means a person who has served in any rank, whether as a combetent or a non-combetent, in the Naval Military and Air Force of the Union of India (hereinafter referred to as the Armed Forces of the Union of India') and who has- (i) retired from such service after earning his pension; or (ii) been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or (iii) been released, otherwise than his own request, from such service as a result of reduction in establishment; or (iv) been released from such service after after completing the specific- period of engagement otherwise, than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency and has been given a Gratuity, But does not include a person who has served in the Defence Security Corps, the General Reserve Engineering Force, the Lok Sahayak Sena and the Para Military Forces, but includes personnel of the Lok Sahayak Sena of the following categories, namely:- - (i) pension holders for continuous embodied service; (ii) persons with disability attributable to military service; and (iii) gallantry award winners. Explanation~The persons serving in the Armed Forces of the Union, who in retirement from service would come under the category of 'Ex- servicemen' may be permitted to apply for re-employment one year before the completion of the specified terms of engagement and avail themselves of all concessions available to Ex- Serviceman but shall not be permitted to leave the uniform until they complete the specified terms of engagement in the Armed Forces of the Union."
(3.) From the amended definition of Ex-Serviceman as reproduced above, it is now clear that the petitioner cannot be treated as an Ex-serviceman because he left Indian Air Force on his own request. In the present writ petition filed by the petitioner he claims that the amended rule of 1988 amending the definition of Ex- Serviceman is ultra vires the provisions of the Constitution. The amended Rules will not affect recruitment to the post which fell vacant much prior to the enforcement of the amended Rules. In other words, the relevant law as existing on the date of vacancies occurred would be applicable for filling such posts.;