IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH R.S.A. No. 363 of 2011 (O&M) Date of decision: October 13, 2011 Mohinder Singh .. Appellant Vs. The Commanding Officer and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. R.S. Mittal, Sr. Advocate with Mr. Chander Shekhar, Advocate for the appellant. A.N. Jindal, J The plaintiff having served one year and sixty-seven days under training, has been discharged by the Commanding Officer on 8.5.1984, on the ground that he was unlikely to make an efficient Airman. Thereafter, he filed a suit for declaration claiming himself to be the ex-serviceman and entitled to all the benefits as such. The defendants No.1 to 4, now respondents herein (herein referred as, 'the respondents') refuted all the allegations while admitting that he was enrolled with Indian Air Force w.e.f. 3.3.1983 and was discharged during training on 8.5.1984 in terms of Rule 15 (J) Chapter- III of Air Force Rules, 1969 under the provisions of “Unlikely to make an efficient Airman”. As per rules, only rank holders are accorded with status of Ex-serviceman and not trainee. The plaintiff never served on any rank in the Air Force, as such, he prayed for dismissal of the suit. The respondent No.5 also while reiterating the averments as made by the respondents No.1 to 4, further challenged the maintainability of the suit and also averred that the plaintiff has no locus standi to file the said suit. Replication has also been filed. The trial court dismissed his suit. Similarly, the appellate court also decided against the plaintiff- appellant. Now both the judgments are before me in this regular second appeal. Arguments heard. R.S.A. No. 363 of 2011 (O&M) -2- Admittedly, the appellant was a trainee officer as is clear from the Indian Air Force Discharge Certificate (Annexure P1). As per annexure D1/A, the appellant cannot be said to be an Ex-serviceman. The relevant para of annexure D1/A reads as under :- “1. The eligibility of the retired Defence personnel to the status of ex-Serviceman is governed by the definition as laid down by Department of Personnel and Training. The definition has been undergoing changes from time to time. The following is the bread categorisation :- (a) & (b) xxx xxx xxx (c) Those released on or after 01 Jul 79 but before 01 Jul 87. Any person who had served in any rank whether as Combatant or under any Armed Forces of the Union for a continuos period of not less than six months after attestation if discharged for reasons other than at his own request or by way of dismissal or discharged on account of misconduct or inefficiency and not less than 5 years of service if discharged at own request.” (d) xxx xxx xxx (2) to (4) xxx xxx xxx” In the instant case, neither the officer was Combatant nor was holding any rank. He was discharged during the training period before he was enrolled as an Ex-serviceman and before he was attested, therefore, he does not fall in the category of Ex-serviceman. No such rules have been placed on record entitling him to claim himself as Ex-serviceman. Consequently, he was not entitled for any such benefit as available to the Ex-serviceman. No substantial question of law arises in this regular second appeal. Hence, dismissed in limine. October 13, 2011 (A.N. Jindal) deepak Judge