ORDER R. Kantharao, J. 1. Heard the learned counsel appearing for the petitioner and the learned Assistant Solicitor General of India appearing for the respondents. This writ petition is filed seeking to issue a writ of mandamus, declaring the action of the respondent No. 4 in not renewing the Identity Card of the petitioner for employment and thereby depriving his Ex-Serviceman status without any prior notice or authority as arbitrary, illegal, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and principles of natural justice and consequently renew the same by resuming the Ex-Serviceman status to the petitioner. 2. The brief facts necessary for disposing of the writ petition may be stated as follows:- The petitioner was enrolled in the Indian Army as regular Combatant Member in Maratha Light Infantry at Belgaum, Karnataka State on 9-1-2003. He was discharged from Indian Army on the ground of medical invalidation on 13-2-2004. According to the petitioner, the Army Medical Authority viewed his disability as attributable to service and assessed the degree of disablement at 20% for life. Subsequently, he was granted disability element of pension by rounding off 50% with effect from 14-2-2004 for life in terms of Government of India, Ministry of Defence letter No. 1(2) 97/D (Pen-C) dated 31-1-2001. 3. It is further submitted that since the date of discharge, he has been given the status of Ex-Serviceman. The Government also provides reservation in State and Central Government jobs and allotment of seats to the children of Armed Forces Personnel in educational institutions. For the purpose of reemployment, he registered his name initially on 19-4-2006. He renews the said registration card periodically i.e., once in every three years if no employment is provided to him in Ex-Servicemen quota during the said period. Accordingly, his Ex-Serviceman identity card fell due for renewal on 16-4-2012, but when it fell due for renewal on 16-4-2012, the 4th respondent has flatly refused to renew his identity card. He submits that he made a written representation dated 12-3-2014 to respondent No. 4 for further renewal of his Employment Card from 19-4-2012, but the 4th respondent refused and told him that he was not having Ex-Serviceman status and therefore, his identity card as Ex-Serviceman cannot be renewed. 4.
He submits that he made a written representation dated 12-3-2014 to respondent No. 4 for further renewal of his Employment Card from 19-4-2012, but the 4th respondent refused and told him that he was not having Ex-Serviceman status and therefore, his identity card as Ex-Serviceman cannot be renewed. 4. The learned counsel appearing for the petitioner submits that the registration card indicating the status of employment is very much essential for the petitioner to seek re-employment and the same shall be renewed automatically and therefore when the petitioner applied for renewal, the 4th respondent ought not to have refused to renew the same. 5. This Court passed interim orders in W.P.M.P. No. 14199 of 2014 on identical facts in W.P. Nos. 11271 of 2014 and 8836 of 2014. The learned counsel further submits that refusal of renewal of the aforesaid card by declining the petitioner's Ex-Serviceman status without any proper notice by the authority is arbitrary and illegal. The instructions relating to the renewal of identity card for employment of Ex-Serviceman clearly shows that the petitioner can also renew his card personally or through a regular post card in a month when it becomes due, indicating his registration number. In the instant case, the petitioner obviously applied for renewal of the identity card and there is no dispute about the said fact. 6. Pursuant to the aforesaid direction issued by this Court, the 4th respondent issued proceedings dated 20-3-2014 stating therein as follows:- "As per the rules in vogue at that time the then Zilla Sainik Welfare Officer issued Ex-serviceman identity Card and made Employment Registration to the individual. At present recruits who were boarded out/released on medical grounds and granted medical/disability pension will be covered under the category of Ex-serviceman for all practical purposes with effect from 1-2-2006 as per instructions issued vide reference cited." The said proceedings seem to have been issued basing on the Official Memorandum dated 18-3-2013 issued by Government of India, Ministry of Defence. In the official memorandum, it is reiterated that such recruits who were boarded out/released on medical grounds and granted medical/disability pension will be covered under the category of Ex-servicemen for all practical purposes as per the Official Memorandum dated 1-2-2006 with effect from 1-2-2006. 7.
In the official memorandum, it is reiterated that such recruits who were boarded out/released on medical grounds and granted medical/disability pension will be covered under the category of Ex-servicemen for all practical purposes as per the Official Memorandum dated 1-2-2006 with effect from 1-2-2006. 7. Obviously, the 4th respondent has misread the official memorandum and it appears that the 4th respondent is under erroneous view that the Ex-Servicemen who became medically invalid and discharged after 1-2-2006 can only be considered under the category of Ex-servicemen. Therefore, the proceedings issued by the 4th respondent are not in conformity with the official memorandum dated 18-3-2013. 8. In view of the above facts and circumstances, the 4th respondent is directed to renew the identity card for Employment of Ex-Serviceman relating to the petitioner and see that the status of the petitioner is resumed as Ex-Serviceman by making such renewal, within a period of two months from the date of receipt of copy of this order. The writ petition is allowed accordingly. There shall be no order as to costs. The Miscellaneous Petitions pending if any in this writ petition shall stand closed. Petition allowed.