(EX) CAPT. RANDHIR SINGH DHULL versus S. D. BHAMBRI & OTHERS

(EX) CAPT. RANDHIR SINGH DHULL versus S. D. BHAMBRI & OTHERS

Petitioner was not substantively appointed as Tahsildar until January 3, 1978; only military service rendered during designated Emergency period and as commissioned/enrolled officer qualifies for seniority concession. No case was made out of discrimination since no other ex-army candidate was granted seniority from date of acceptance as candidate.

Parties
Petitioner: Ex-Capt. Randhir Singh Dhull; Respondents: S. D. Bhambri & Others
Jurisdiction
India
Judgment Date
02 March 1981
Procedural Posture
Writ Petition Under Article 32 of the Constitution / Final Decision (judgment)
Outcome
Petition dismissed
Legal Topics
Seniority Determination, Military Service Concession, Recruitment Procedures, Equality Under Constitution
Administrative Law Service Law Constitutional Law Seniority Determination Military Service Concession Recruitment Procedures Equality Under Constitution

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Parties

Ex-Capt. Randhir Singh Dhull

Petitioner

S. D. Bhambri & Others

Respondents

Procedural Posture

Writ Petition Under Article 32 of the Constitution / Final Decision (judgment)

Legal Issues

  1. 1 Whether petitioner's military service should be tagged to civil service for the purpose of seniority, increments, promotion, pensions etc. under Punjab Emergency (Concession) Rules 1965
  2. 2 Whether denial of the claimed seniority benefit amounts to violation of Articles 14 and 16 of the Constitution

Ratio Decidendi

Petitioner was not substantively appointed as Tahsildar until January 3, 1978; only military service rendered during designated Emergency period and as commissioned/enrolled officer qualifies for seniority concession. No case was made out of discrimination since no other ex-army candidate was granted seniority from date of acceptance as candidate.

Court Disposition

Petition dismissed