CWP No. 633/98 12.3.2008: Present: Mr. R.M. Bisht and Mr. Rajesh Mandhotra, Deputy Advocate Generals for the petitioners. . Mr. Ramakant Sharma, Advocate for the respondent. The respondent is an ex-serviceman and was enrolled in the Indian Army on 28.2.1962. He filed an original application before the learned H.P. State Administrative Tribunal praying for grant of benefits under the Demobilized Armed Forces Personnel (Reservation of Vacancies in Himachal State Non Technical Services) Rules, 1972. His claim was rejected by the State on the ground that the respondent had been enrolled in the Indian Army in the year 1962 i.e. before the declaration of the emergency. The learned Tribunal relying upon the judgment of the Full Bench in Hari Chand Rana versus State of Himachal Pradesh and others granted the benefit under the aforesaid rules. The order of the learned Tribunal has been set aside by the Apex Court in State of H.P. and others Versus Piar Singh, 2002 (6) SLR 24. The Apex Court has held that the date 1.11.1962 has a direct bearing with the date on which the country faced the disturbances on account of war with China and by no stretch of imagination the said date can be said to be arbitrary and irrational. The present case is squarely covered by the judgment of the Apex Court. We consequently allow the writ petition and set aside the order of the learned Tribunal and dismiss the original application filed by the respondent. There shall be no order as to costs. (Deepak Gupta), J. March 12, 2008 (KA) (Rajiv Sharma ), J.