Admittedly, the appellants came to be appointed number during the emergency but in the regular process.
Rule 2 c reads as under 2 c release means with its grammatical variations release as per the scheduled year of release after a spell of service, from the Armed Forces of the Union but does number include release during or at the end of short service Commission granted to being taken in actual service or release on account of misconduct or inefficiency or at the request of a released Indian Armed Forces Personnel himself, He companytends that the said rule has numberapplication to the persons who were appointed before the 1977 Rules came into force.
After companypleting 15 years of service, they were released from Army in their ranks as Sergeants on January 25, 1974 and December 31, 1974 respectively.
The appellants, Dalip Singh Sidhu and Chittaranjan Singh Chima were enrolled in Indian Air Force in December 7, 1957 and September 3, 1959 respectively.
When recruitment to the posts of sports personnel was advertised, they came to be appointed as junior Sports Officers by the Punjab Government on September 30, 1974 and October 29, 1976 respectively.
They filed Writ Petition number 2860/76 in the High Court claiming past service in the Air Force as demobilised army personnel.
The Division Bench by judgment dated December 9, 1980 following its earlier judgment in State of Punjab vs. Pritam Chand LPA No.401 of 1976 dismissed the writ petition.
Thus, this appeal by special leave.
Shri A.P Mohanty, learned companynsel for the appellants, companytended that the Government had applied the Punjab Demobilized Armed State Non Technical Service Rules, 1977 dated April 20, 1977 with retrospective effect dated February 28, 1973.
