The eligibility of an Ex-Serviceman for a position should be determined based on their status at the time of application and qualification, and prior employment in a different role should not affect their eligibility.

Heard Mr. (Dr.) Binay Kumar Singh, learned counsel for the petitioner and Sri Mahendra Pathak, learned counsel, who has appeared on behalf of all the Respondents.

2. The petitioner, while invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for issuance of writ of mandamus directing the Respondents to accept his joining on the post of Officer JMG Scale-I in the Respondent Bank.

3. Short fact of the case is that the petitioner, who is an Ex -Servicemen, had applied for the post of Office Assistant (Multi Purpose, Group)- Group-B and also for the post of Officer JMG Scale-I- Group-A pursuant to an Advertisement issued by Respondents/ Uttar Bihar Gramin Bank. Thereafter, the petitioner appeared in the written examination, which was first conducted in respect of the post of Office Assistant on 4th March, 2012. He qualified in the written examination and appeared before the Interview Board and finally got selected for the post of Office Assistant. The Respondent/ Bank, thereafter, issued appointment letter on 07.08.2012. The petitioner on the strength of appointment letter joined the post of Office Assistant. Pursuant to the same advertisement, the petitioner had applied for the post of Officer JMG Scale-I, for which written examination was held on 18.03.2012. In the written examination, for the post of JMG Scale-I, the petitioner qualified and he was interviewed on 21.01.2013. Finally, he was selected for the post of JMG Scale-I vide Annexure-5 to the writ petition. The Respondent/Bank, thereafter, issued appointment letter in favour of the petitioner for the post of Officer JMG Scale-I on 19.04.2013 and he was directed to join on 08.04.2013. However, when he went for joining, it was refused by the Bank. Finally, the petitioner approached this Court by filing the present writ petition with a prayer to direct the Respondents to allow the petitioner to join the post of Officer JMG Scale-I.

4. In this case, a counter affidavit has been filed on behalf of Respondents/Uttar Bihar Gramin Bank. Sri Mahendra Pathak, learned counsel for the Respondents, in view of stand taken in the counter affidavit submits that the petitioner has rightly been denied joining in view of the fact that the petitioner was not eligible for appointment since as per Note-(2) of advertisement, which prescribes definition regarding Ex Servicemen, the petitioner had ceased to enjoy the status of Ex Servicemen. It has been argued that the petitioner had already joined the post of Office Assistant pursuant to the advertisement i.e. Annexure-1 to the writ petition. He submits that once the petitioner had joined the post of Office Assistant, he was not entitled for his joining on the post of Officer, JMG Scale-I. Learned counsel for the Bank has specifically referred to conditions i.e. Note-(2) of the Advertisement i.e. Annexure-1 to the writ petition. He submits that since the petitioner had ceased to be an Ex Servicemen, he has rightly been denied joining the new post of Officer JMG Scale-I. Learned Counsel for the Bank submits that the writ petition is fit to be rejected.

5. Sri (Dr.) Binay Kumar Singh, learned counsel for the petitioner submits that on the date of submitting the application pursuant to advertisement, the petitioner was Ex Servicemen, as prescribed in the advertisement itself. He submits that the condition imposed in the advertisement was applicable on the date of submitting the application. Obviously on the date of submitting the application, the petitioner was Ex Servicemen. He further submits that though the petitioner had simultaneously filed application for both the posts, i.e. Office Assistant and Officer JMG Scale-I, result of the same was not published simultaneously, and result of Officer JMG Scale-I was published subsequently. Since first result was published in respect of post of Office Assistant, the petitioner joined the post of Office Assistant, but the appointment of the petitioner o