JUDGMENT

R.C. Lahoti, J.-A.C. Thalwal, the appellant was born on 15th September, 1948. On 11.11.1965 he joined the Indian Air Force. On 1st December, 1980 he was released from the Air Force. For a short period between February, 1981 and January, 1984, the appellant served as a cashier in the Punjab National Bank. The appellant did his graduation in the year 1971 and post graduation in 1973. He passed the LLB. examination in the year 1976.

2. In the year 1983, the High Court of Himachal Pradesh invited applications for recruitment to 12 posts in Himachal Judicial Service, out of which 2 posts were reserved for ex-servicemen. The appellant made an application seeking appointment in the said quota of ex-servicemen. He was selected. On 1.2.1984 he joined the Himachal Pradesh Judicial Service as Sub Judge-cum-Judicial Magistrate.

3. Having joined the judicial service the appellant made a representation to the High Court submitting that the Ex-Servicemen (Reservation of Vacancies in the Himachal Pradesh Judicial Service) Rules, 1981, hereinafter Reservation Rules 1981 for short, provided for the period spent in approved military service, which was 11 years in the case of the appellant, be