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SUPREME COURT OF INDIA
S.C. AGRAWAL AND G.T. NANAVATI, JJ
AMARJIT SINGH Appellant;
Versus
STATE OF PUNJAB AND OTHERS Respondents.
Civil Appeal No ..... of 1996
Decided on February 5, 1996
Military Service - Interpretation of Rules - Benefit of Military Service for Appointment - The appellant is entitled to claim the benefit of his military service before appointment on the post of Inspector of Cooperative Societies after his release from the Army, based on the interpretation of Rules 4(a) and (b) and 5 of the Demobilised Armed Forces Personnel [Reservation of Vacancies in the Punjab State (Non-Technical Services)] Rules, 1968.
Fact of the Case:
The appellant claimed the benefit of his military service before appointment on the post of Inspector of Cooperative Societies after his release from the Army. The question was whether he was entitled to claim this benefit based on the interpretation of relevant rules.
Finding of the Court:
The court found that the appellant, who did not possess the necessary qualification of graduation at the time of his first opportunity to apply for the post while in military service, but obtained the qualification before being demobilised, was entitled to claim the benefit of military service in accordance with the law laid down in a previous case.
Issues: The main issue was the entitlement of the appellant to claim the benefit of his military service for appointment based on the interpretation of the relevant rules.
Ratio Decidendi: The court relied on the interpretation of Rules 4(a) and (b) and Rule 5, and the law laid down in a previous case, to determine that the appellant was entitled to claim the benefit of his military service.
Final Decision: The appeal was allowed, the judgment of the High Court was set aside, and the writ petition filed by the appellant before the High Court was allowed. It was directed that he should be extended the benefit of his military service.
ORDER
1.Leave granted.
2.We have heard the learned counsel for the parties.
3. This matter relates to the question whether the appellant is entitled to claim the benefit of his military service before appointment on the post of Inspector of Cooperative Societies after his release from the Army. The said question depends on the interpretation of Rules 4(a) and (b) and 5 of the Demobilised Armed Forces Personnel [Reservation of Vacancies in the Punjab State (Non-Technical Services)] Rules, 1968. The appellant has been denied the benefit of his military service on the ground that the minimum qualification prescribed for appointment on the post of Inspector was graduation and the appellant did not possess the said qualification on 14-4- 1965, the date from which he is claiming the benefit of military service. This question has been considered by this Court in Charan Singh v. State of Punjab1 wherein it has been held that the reading of Rule 4(a) and (b) and Rule 5 together would suggest that it is not necessary that the person should have been qualified to apply for the post when the first opportunity became available to him while he was in military service and that he must be qualified to appear for the post in question after he is demobilised. Since the appellant had obtained the necessary qualification of graduation in 1970, Le., before he was demobilised from the Army, he is entitled to claim the benefit of military service in accordance with law laid down in Charan Singh v. State of Punjab1. The appeal is, therefore, allowed, the judgment of the High Court is set aside and the writ petition filed by the appellant before the High Court is allowed and it is directed that he should be extended the benefit of his military service. No orders as to costs.
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