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2022 Supreme(All) 1383

RAJESH BINDAL, J. J. MUNIR
Public Service Commission, Uttar Pradesh through its Secretary – Appellant
Versus
JWO Satish Chandra Shukla – Respondent


Advocates Appeared:
For the Appellant : Mr. Rakesh Pande with Mr. Nipun Singh.
For the Respondents: Mr. Ajay Mishra with Mr. K.R. Singh, Mr. A.B.N. Tripathi, Mr. T. Islam.

ORDER :

1. This Special Appeal by the Uttar Pradesh Public Service Commission is directed against a judgment and order dated August 2, 2022, allowing Writ -A No. 18091 of 2021.

2. The writ-petitioners, who are respondent nos. 1 to 4 to this Appeal, are all Ex-Servicemen, who have retired or been discharged from different positions in the Armed Forces of the Union, such as the Army or the Navy.

3. The grievance of the writ-petitioners is that they are entitled to be considered under The Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) (Amendment) Act, 2021 (for short, 2021 Act'), entitling them to a 5% reservation in the ongoing selection/ recruitment, held pursuant to Advertisement No. A-1/E-1/2021 dated February 5, 2021 to the “Combined State/ Upper Subordinate Services (PCS) Examination, 2021 and Assistant Conservator of Forest (A.C.F.)/ Range Forest Officer (R.F.O.) Services Examination -2021” (for short, 'the PCS Examination, 2021').

4. The learned Single Judge has set out in copious detail the facts of the case, including the rival stands of the writ-petitioner-respondents (for short, 'the writ petitioners'

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