SANSAR CHAND ATRI versus STATE OF PUNJAB AND ANR.

A person in the Army who has earned pension after performing the requisite period of service, whether leaving at his own request or being released by the employer, must be treated as an ex-serviceman for the purpose of reservation. Exclusion of such a person is arbitrary and discriminatory, defeating the objective of reservation.

Parties: Appellant: Sansar Chand Atri; Respondent: State of Punjab; Respondent: Punjab Public Service Commission
Jurisdiction: India
Judgment Date: 02 April 2002
Procedural Posture: Civil Appeal / Appeal From Dismissal of Writ Petition by Punjab and Haryana High Court
Outcome: Appeal allowed; High Court judgment set aside.
Legal Topics: Reservation, Interpretation of Statutes, Equality Under Article 14, Definition of 'ex Servicemen'

Service Law Constitutional Law Reservation Interpretation of Statutes Equality Under Article 14 Definition of 'ex Servicemen'

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Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 4

Parties

Sansar Chand Atri

Appellant

State of Punjab

Respondent

Punjab Public Service Commission

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by Punjab and Haryana High Court

Legal Issues

1 Whether a person discharged from the Army at his own request after earning pension is an ex-serviceman for purposes of reservation under Punjab Recruitment of Ex-servicemen Rules, 1982

Ratio Decidendi

Court Disposition

Appeal allowed; High Court judgment set aside.

Orders

Respondents to declare results of appellants in competitive examination forthwith and consider their case for appointment as per service rules and law.
No order as to costs.