LPA No.1348 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 1348 of 2011 (O&M) Date of decision 5.8.2011 Randhir Singh . Appellant Versus State of Punjab and others .. Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE ARVIND KUMAR Present: Ms. Jigyasa Tanwar, Advocate for the appellant 1. To be referred to the Reporter or not ? 2. Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. 1. The instant appeal filed under Clause X of the Letters Patent is directed against judgement dated 7.7.2011 rendered by the learned Single Judge holding that respondent no.4 could not be considered ineligible for appointment as Constable in the Punjab Police and that the appellant was in the waiting list. The only ground of attack on the eligibility of respondent no.4 before the learned Single Judge as well as before us is that he was selected despite the fact that he was still wearing army uniform. The aforesaid argument has been repelled by the learned Single Judge holding that those who are to be discharged from Army or retired from Army within a year of the last date of filing of the application have been made eligible to apply for the post of Constable in the Punjab Police. In that regard instructions dated 27.10.1986, issued by the respondent-State, have been quoted by the appellant in the grounds of appeal which is a complete answer to that argument. Para 2(c) of the instructions alongwith explanation reads as under: “2(c) Ex-Serviceman means a person who has served in LPA No.1348 of 2011 2 any rank (whether as a combatant or as a non combatant) in the Regular Army, Navy and Air Force of the Indian Union, but does not include a person who has served in the Defence Security Corps, the General Reserve Engineer Force, the Lok Sahayak Sena and the Para Military Forces; and Explanation: The persons serving in the Army Forces of the Union who on retirement from service would come under the category of Ex-Servicemen may be permitted to apply for re-employment one year before the completion of the specified terms of engagement and avail themselves of all concessions available to ex- servicemen but shall not be permitted to leave the uniform until they complete the specified term of engagement in the Armed Forces of the Union.” 2. The explanation to paragraph 2(c) clearly spells out that a person serving armed force of the Union of India who would come in the category of ex-serviceman are permitted to apply for re-employment one year before the completion of the specified term of engagement. 3. Having heard the learned counsel for the appellant we are of the considered view that no fault can be found with the eligibility of respondent no.4. The appellant continues to be on the waiting list of the candidates belonging to ex-servicemen. There is no merit in the appeal which may warrant admission. Dismissed. (M.M.Kumar) Judge (Arvind Kumar) 5 .8 .2011 Judge okg