IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No.6413 of 2008 Decided on : November 24, 2010 Puran Chand …Petitioner. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. R.D. Kaundal, vice Mr. A.K. Gupta, Advocate. For the Respondents : Mr. Vikas Rathore, Deputy Advocate Geneal, and Mr. Ramesh Thakur, Assistant Advocate General. Surjit Singh, Judge (Oral) Petitioner, before being engaged as a daily waged worker in the year 1978, served in Assam Rifles, from 1968 to July, 1977. In the year 1990, petitioner was regularized as work-charge mate. He applied for being given benefit of service rendered by him in Assam Rifles, in accordance with the Demobilised Armed Forces Personnel (Reservation of Vacancies in the Himachal State Non- Technical Services) Rules, 1972. His request was turned down on two counts; first that Assam Rifles was not Indian Armed Force, but only a Central Para-military Force and secondly the petitioner had not been appointed against any vacancy reserved for Ex-serviceman. Whether reporters of the local papers may be allowed to see the judgment? …2… 2. Aggrieved by the order of rejection of his representation, he filed an Original Application before Himachal Pradesh Administrative Tribunal, Shimla, in the year 1999. When that Tribunal was scrapped, in the year 2008, the aforesaid Original application, filed by the petitioner, was transferred to this Court and it is that Original Application, which has now been registered as CWP(T) No.6413 of 2008, in this Court and is being disposed of hereby. 3. In their reply, respondents have taken the same grounds, on which petitioner’s request, for giving him benefit of service rendered with Assam Rifles, had been rejected. 4. I have heard learned counsel for the petitioner as also the learned Deputy Advocate General and gone through the record. 5. The Demobilised Armed Forces Personnel (Reservation of Vacancies in the Himachal State Non- Technical Services) Rules, 1972 were issued vide Notification dated 28th March, 1972. The very opening para of the Notification says that the Rules are for the purpose of regulating reservation of vacancies in Himachal State Non- Technical Services, for the Demobilised Emergency Commissioner Officers, Short Service Regular Commissioned Officers, Junior Commissioned Officers, Non-Commissioned Officers and other Ranks of the Armed Forces of the Indian …3… Union and the recruitment of such Officers/personnel on vacancies reserved for them. 6. It is stated in the petition itself, vide para-6(d), that Assam Rifles was declared to be a Central Para-Military Force, w.e.f. 1st January, 1986, by Notification dated 13th April, 1988. A Central Para-Military Force is not an Armed Force of Indian Union. Otherwise also, Assam Rifles was notified to be a Central Para-Military Force, w.e.f. 1st January, 1986, while the petitioner got discharge from that organization in the year 1977, when the said organization was not even a Central Para-Military Force. 7. Moreover, benefit, under the aforesaid Rules of 1972, is available to only those demobilised personnel of Armed Forces of the Indian Union, who are appointed against a vacancy reserved for them, per Rule-5 of the said Rules. In the present case, the petitioner was engaged as a daily-waged worker and lateron regularised, in accordance with some Policy of the Government, alongwith other daily- waged workers and, thus, his appointment was not against any post reserved for demobilised Armed Forces personnel of Indian Union. Hence, the petition is dismissed. Pending application, if any, stands disposed of, having become infructuous. November 24, 2010(sd) ( Surjit Singh ), J