CWP No. 9056 of 2017

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP No. 9056 of 2017

Date of decision : 19.03.2019

Rajesh Kumar

....Petitioner

V/s

State of Punjab & ors.

....Respondents

BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. S.K. Choudhary, Advocate for the petitioner.

Mr. Nikhil Chopra, Addl. A.G. Punjab.

RAJAN GUPTA J.

Petitioner who was serving in the Assam Rifles seeks that he

ought to be equated with ex-servicemen personnel for the purpose of

selection as Constable in the District Police cadre. According to him,

proposal, Annexure P-9 was sent by Government of India for equating them

in this manner. Learned State counsel has opposed the plea. He has

referred to Standing Order 1 of 2016. Same reads as under:-

“Reservation Policy

The Punjab Government instructions regarding

reservations for Scheduled Castes/Scheduled Tribes, Backward

Classes, Ex-Servicemen (including wife/a dependent child of

Ex-Servicemen, where applicable), Wards of Freedom Fighters

and Wards of Punjab Police Personnel shall be strictly

followed during the recruitment process and the Board will

ensure that the guidelines laid down on the Reservation Policy

by the State Government are complied with.

An Ex-serviceman means a person:

(i)

who has served in any rank whether as a combatant or

non-combant in the, Naval, Military and Air Forces of the

AJAY KUMAR

2019.04.06 12:50

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authenticity of this document

CWP No. 9056 of 2017

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Union of India, and (a) who either has been retired or relieved

or discharged from such service whether at his own request or

being relieved by the employer after earning his or her pension

or (b) who has been relieved from such service on medical

grounds attributable to military service or circumstances

beyond his control and awarded medical or other disability

pension; or (c) who has been released from such service as a

result of reduction in establishment;

Note: The personnel of Central Para-Military Forces (BSF,

CRPF, ITBP, CISF, SSB etc) are not eligible to be considered

under the Ex-Servicemen category.”

It is evident that proposal, if any, sent by the Government has

not been accepted till now. The Rules are very clear that personnel who have

served in the Para Military Forces cannot be considered as ex-servicemen.

There is, thus, no merit in the petition. Same is hereby dismissed.

March 19, 2019

(RAJAN GUPTA)

Ajay

JUDGE

Whether speaking/reasoned:

Yes/No

Whether reportable:

Yes/No

AJAY KUMAR

2019.04.06 12:50

I attest to the accuracy and

authenticity of this document