- (1.)The petitioner has prayed for quashing of clause (iii) of the definition of ex-serviceman as provided in Annexure C to Annexure 18.10 in Hand Book on Reservation Matters Vol. I (Second Edition) Govt. of Himachal Pradesh, Department of Personnel (for short, Hand Book on Reservation Matters). The direction has also been sought to the respondents to grant all the benefits to the petitioner admissible under the rules with further prayer to direct the respondents to treat the petitioner as an ex-serviceman and register his name accordingly under the category of ex-serviceman for re-employment/ sponsoring against the reserved vacancy and sponsor the name of petitioner for his entitled category on his turn.
(2.)The pleaded case of the petitioner is that he joined Army on 28.8.1993. The petitioner initially enrolled for 15 years of colour service and two years of reserved service. The applicant has plus two qualification. At the time of his release from the Army, the character of petitioner was assessed very good.
(3.)The State has framed rules under which the released ex-serviceman is extended benefits of approved military service on his rejoining Civil Service in accordance with the provisions of the rules. There is 15% reservation in class-III and Class IV posts for exservicemen for employment under the State. The petitioner on account of adverse domestic circumstances had to apply for premature release from Army. The competent authority released the petitioner from Army service on 13.6.1997, till then the petitioner had served the Army for three years and ten months.