1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.8787/2007. Ram Lal Singh Vs. State of Rajasthan & Ors. WITH S.B. CIVIL WRIT PETITION No.1703/2007. Amrit Lal Jat Vs. RPSC & Ors. : : Date of Order 25.8.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Dinesh Yadav for the petitioner in Writ Petition No.8787/07. Mr.Vinod Goyal for the petitioner in Writ Petition No.1703/207. Mr.S.N.Kumawat, for RPSC. Mr.Shyam Sunder Sharma, Govt.Counsel for the State. The controversy raised in the writ petitions is whether the petitioners who are claiming benefit of ex- serviceman while serving the Indian Army, can claim such benefit even though on the last date of submission of application that they are still not retired/discharged. This controversy is covered by the judgment of Division Bench of this Court in Sardar Singh Vs. RPSC, Ajmer & Ors. : DB Civil Special Appeal (Writ) No.1114/03 decided on 24.1.2005. The Division Bench while dismissing the aforesaid appeals observed that though there was no provision which overrides 2 the Rules of Rajasthan Civil Services (Absorption of Ex- Servicemen) Rules, 1988 but this is a hard case where the Govt.of India has given benefit to the members of Armed Forces, but the State Government should amend the Rules of 1988 in conformity with the Rules framed by the Government of India. This observation was made in the context of definition of 'Ex-serviceman' as given in Rule 3 (a) of the Rules of 1988 and the explanation provided in notification dated 27.10.1985 which gives the benefit to the members of Armed forces, entitling them to apply for civil posts a year before the date of their retirement and in doing so they would be entitled to avail all concessions applicable to an 'Ex- serviceman'. Learned counsel for the petitioners has made reference to the subsequent circular of the Govt. of India issued by Govt. of India D.O.P.T., Office memorandum No.36034/2/91 dated 3.41991 which inter alia provides as under :- “The undersigned is directed to refer to the explanation below Rules 2 © of the Ex- servicemen re-employment in central civil services and Posts Rules 1979 and the Notification of Personnel and Training Department No.36034/5/85 Extt. (SC) dated 27.10.1986 3 according to which officials who are working in Armed forces and would come under Ex- serviceman category after their retirement are permitted to apply for the re-employment a year before their completing the prescribed period. The matter of applying uniform procedure for accepting the status of Ex-servicemen for such employee as are working in armed force, service and applying for civil posts Re-employment basis has been under consideration in this department for some time. It has now been decided that in accordance with the above clarification, a candidate working in Armed forces would become period of Army services within a year from the last date for receiving application in connection with special Recruitment/Examination, etc prescribed by the competent authority. Learned counsel for the petitioners have submitted that in spite of the observation made by the Division Bench of this Court in the aforesaid judgment, the Government has so far not examined the matter so as to amend the Rule of 1988 so as to bring the same in conformity with the aforesaid circular of the Govt. of India. Shri S.N.Kumawat, learned counsel for RPSC submits that recruitment has to be made strictly in accordance with Rules and if the rules do not provide for 4 such benefit to be conferred upon the members of Armed forces who have not yet retired they are not eligible to claim the benefit. Learned Govt.Counsel is not in position to state as to why rules have been amended or not as observed by the Division Bench in the case of Sardar Singh (supra) or if the Government has taken a firm decision of not amending the rules. In view of the aforesaid judgment, there is no option but to dismiss the writ petitions. At the same time, it is desirable in the interest of justice that keeping in view the circular issued by the Govt. of India which entitles the members of Armed forces to claim similar benefits in the Central Government services, the Govt. of Rajasthan takes a decision on the question of bringing uniformity between two sets of rules. It is, therefore, directed that the respondents should take the decision on the question of amendment or otherwise of the Rules of 1988 within a period of three months from the date of copy of judgment produced before them. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.28 & 29. 5