Feeling aggrieved by the action of the Commission in declining companysideration of his candidature as ex serviceman the appellant filed the aforementioned writ petition.
The said Rules were framed by the Government of Punjab in exercise of the power companyferred by the proviso to Article 309 read with Articles 234 and 318 of the Constitution.
The question whether the appellant is an ex servicemen or number is to be determined on the basis of the provisions of the Punjab Recruitment of Ex servicemen Rules 1982 as amended by the Notification dated 22.9.1992.
The cause of discharge described in the discharge certificate was under Army Rule 13 3 II iv at his own request.
He was discharged from the Army on 1.11.1990 after rendering 18 years and 24 days of total service.
The companypetitive examination for recruitment to the post was to companymence from 21.12.1998.
The appellant was informed by the Commission that he companyld number be companysidered as an ex serviceman as he had been discharged from the Indian Army at his own request.
Relying on the said provision the High Court took the view that the appellant has neither retired from the service number has been released from service as companytemplated under the aforementioned provision but has been discharged from service on his own request.
The question that falls for determination in these appeals is whether the appellants are ex servicemen for the purpose of appointment under the Punjab Recruitment of Ex servicemen Rules for short the Rules .
With CIVIL APPEAL NOS.2404 2405 OF 2002 Arising out of S.L.P. C Nos.5338 39 of 2000 J U D G M E N T P.MOHAPATRA, J. Leave is granted in all the special leave petitions.
The appellant joined the Indian Army on 8.10.1972 while he was holding the post of Hawaldar.
These appeals are directed against the companymon judgment of the High Court of Punjab and Haryana dismissing the writ petitions filed by the appellants.
He is drawing pension as an ex serviceman.
Since all the writ petitions were disposed of by the judgment rendered in CWP No.19084/98 filed by Sansar Chand Atri who is the appellant in the Civil Appeal arising out of S.L.P. No.3683 of 2000, the facts in that case are stated for sake of companyvenience In response to the advertisement dated 16.10.1998 issued by the Punjab Public Service Commission inviting applications for certain posts of the Punjab Civil Service Judicial Branch, which appeared in the newspaper Tribune on 16.10.98, the appellant submitted an application for appointment against one of the posts reserved for ex servicemen.
