1. The plaintiff has come up in Regular Second Appeal against the judgment and decree of the First Appellate Court which on appeal affirmed that of the trial court dismissing his suit for a declaration that he was entitled to the benefit of his army service to be counted towards civil service with effect from January 9, 1963 to March 12, 1966.

2. The facts as found proved are. The plaintiff joined the army service on January 9, 1963 and was relieved from the said service on May 13,-967. He was appointed as Secretary, District Soldiers, Sailors and Airmens Board (hereinafter referred to as the Board) on August 18, 1967. He was initially appointed on purely temporary basis for a period of six months. He applied for his regular appointment as Secretary of the Board pursuant to the advertisement issued by the Haryana Public Service Commission. In the advertisement one of the essential conditions 10 be fulfilled by the applicants was that he should not be less than 25 years and more than 5 years of age (57 years for members of Scheduled Caste/tribes and Backward Classes) on 6-2-1988. The plaintiff applied for the post on regular basis The Haryana Public Service Commission select