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SUPREME COURT OF INDIA
K. Venkataswami, P. B. Sawant, Suhas .C. Sen
CHARAN SINGH AND ANOTHER, PETITIONERS
Versus
STATE OF PUNJAB AND OTHERS, RESPONDENTS.
SLPs (C) Nos. 7413-14 of 1991,
decided on May 10, 1995.
Demobilised Armed Forces Personnel - Reservation of Vacancies in the Punjab State (Non-Technical Services) Rules, 1968 - The Rules apply to all posts filled in by direct recruitment after 1-11-1966. Seniority may take effect from a date prior to 1-11-1966 depending on the first available opportunity to occupy the post. Qualifications and age-limit criteria under Rule 4 and Rule 5 are interpreted.
Fact of the Case:
The court dismissed the special leave petitions and provided reasons for the dismissal. The case involved the application of the Demobilised Armed Forces Personnel (Reservation of Vacancies in the Punjab State (Non-Technical Services)) Rules, 1968 to posts filled in by direct recruitment after 1-11-1966.
Finding of the Court:
The court analyzed the interpretation of Rules 4 and 5, emphasizing the criteria for seniority, qualifications, and age-limit for demobilised army personnel. The court concluded that the special leave petitions had to be dismissed.
Issues: Interpretation of the Demobilised Armed Forces Personnel (Reservation of Vacancies in the Punjab State (Non-Technical Services)) Rules, 1968, specifically regarding seniority, qualifications, and age-limit criteria.
Ratio Decidendi: The court's decision was influenced by the interpretation of the Rules, emphasizing that seniority may take effect from a date prior to 1-11-1966 depending on the first available opportunity to occupy the post, and that qualifications and age-limit criteria under Rule 4 and Rule 5 were not necessarily required to be met at the time of the first opportunity to occupy the post.
Final Decision: The special leave petitions were dismissed by the court.
ORDER
1. We have already dismissed the special leave petitions on 5-5-1995 stating that reasons would follow. We set out the reasons as under :
The Demobilised Armed Forces Personnel [Reservation of Vacancies in the Punjab State (Non-Technical Services)] Rules, 1968 (hereinafter referred to as "the Rules") apply to all posts which are filled in by direct recruitment after 1-11-1966. Although the Rules apply to the posts filled in after 1-11-1966, the seniority to be given to the demobilised army personnel under Rule 5 of the Rules may take effect from a date prior to 1-11-1966, depending upon when the first available opportunity to occupy the post in question as per Rule 3 became available to the person concerned.
2. Rule 4 requires that the individual concerned must be qualified to appear for the examination for the posts in question after he is demobilised. However, he should not have been above the upper age-limit fixed for the said posts when he joined the military service. Reading of Rule 4(a) and (b) and Rule 5 together would suggest that it is not necessary that he should have been qualified to apply for the post when the first opportunity to occupy the said post became available to him while he was in military service.
3. Rule 5 confers seniority on the individual concerned from the date the said post was filled in for the first time after the individual joined the military service.
4. Hence, the special leave petitions have to be dismissed.
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