( 1 ) THIS special appeal has been filed against the impugned judgment of the learned single Judge dated 6. 8. 2003 in Writ Petition No. 12776 of 1995.

( 2 ) WE have heard learned Counsel for the parties and have perused the record.

( 3 ) BEFORE dealing with the facts of the particular case of the respondent in this appeal (the writ petitioner) it is necessary to mention certain background facts. There exists a military establishment called Gorkha Recruitment Depot in District Gorakhpur. Besides the normal functions of carrying out Recruitment for the Indian Army, the aforesaid establishment is also engaged in various welfare measures and activities for servicemen and ex-servicemen. These welfare activities are undertaken without any financial support from the government of India or State Government. They are financed entirely by raising private funds, primarily from private contributions by the officers and men of various military establishments. The administration of these welfare activities is looked after by the officers of the establishments and their families on an ex-officio basis. The aforesaid welfare work does not form part of the official or statutory