IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 4123/2008 Reserved on: 2.8.2010 Decided on: 6.8. 2010 _____________________________________________ Roshan Lal. …Petitioner. Versus State of Himachal Pradesh and others. …Respondents. _______________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Nemo. For the Respondents: Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. R.P. Singh, Asstt. Advocate General. ____________________________________________________ Rajiv Sharma, Judge. Petitioner has served the Indian Army with effect from 6.2.1964 to 7.7.1987. Thereafter he was enrolled as Constable in the Himachal Pradesh Police with effect from 15.12.1988. The Department has counted his approved service which he rendered in the Indian Army with effect from 20.5.1975 to 7.7.1987. However, the services rendered by the petitioner in the Territorial Army with effect from 6.2.1964 to 19.5.1975 have not been taken into consideration. Petitioner is claiming benefit of rule 5 of the Demobilized Armed Forces Personal (Reservation of Vacancies in 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 Himachal Pradesh State Non Technical Services) Rules, 1972. The expression used in these rules is “released Indian Armed Forces Personnel”. This expression has not been defined in these rules. However, State Government has issued booklet on service matters relating to ex-servicemen in December, 1983. The expression “ex-serviceman” has been explained as per item No.1 of Chapter-I as under: “Ex-serviceman” means a person who has served in any rank (whether as a combatant or as a non-combatant) in the Armed Forces of the Union, including the Armed forces of the former Indian States but excluding, the- (a) Assam Rifles; (b) Defence Security Corps; (c) General Reserve Engineer Force; (d) Lok Sahayak Seni; and (e) Territorial Army.” 2. Accordingly, in view of the definition of ex- servicemen, the persons, who have served in the Territorial Army, are not entitled to the benefit of ex-serviceman. Consequently, the services rendered by the petitioner in the Territorial Army cannot be counted towards service for the purpose of rule 5 of the Demobilized Armed Forces Personal Reservation of Vacancies in Himachal Pradesh State Non Technical Services) Rules, 1972. 3. No other point was urged. 4. In view of above observations, there is no merit in the petition and the same is dismissed with no order as to costs. (Rajiv Sharma), Judge _______2010*awasthi*