- (1.) A Junior Commissioned Officer granted an Honorary Commission as Officer in the Indian Army, whether during service or after retirement, is he to be deemed to be an fix-Commissioned Officer of the Armed Forces. Herein lies the controversy raised in this writ petition.
(2.) THE point of issue has been arisen in the context of appointments to the post of Assistant District Sainik Welfare Officer. According to rule-8 of the Punjab Sainik Welfare Service Rules as also the advertisement issued by the Punjab Public Service Commission, on June 8, 1985,' annexure P. 4, one of the essential qualifications for appointment to such post is that the person concerned must be an Ex-Commissioned Officer of the Armed Forces.
(3.) THE petitioner - Surinder Singh Sandhu served in the Army from 6th Februrary, 1962 to 30th April, 1985. On 26th January, 1985, he was granted the Honorary rank of lieutenant and after retirement on 15th August, 1985, the Honorary Rank of Captain.;