JUDGMENT Sureshwar Thakur, J. - The respondent concerned, published, an, advertisement, as, becomes borne in Annexure R-2/1, annexure whereof becomes appended with the extant petition, wherethrough, it/they invited applications, hence, from, all, the, eligible aspirants concerned, for the latter applying against the advertised posts. The petitioner herein, also, applied against the apposite advertised post, rather, in, the, category, of, exservicemen. Consequent, to, the, petitioner, applying, against, the, apposite advertised post, hence, in the category of exservicemen (general), he, also successfully qualified, the, written examination, (a) and, as, becomes unfolded by Annexure-C, annexure whereof becomes appended to the rejoinder, he became invitited, for, appearing, for, viva voce, (b) however, he was declared "not eligible", under, the, category, of, exservicemen (General), (c) whereas, Karan Singh Guleria, arrayed as co-respondent No.4, obtained 93 marks, one Piare Lal Sharma, arrayed as co-respondent No.6 obtained 95 marks, and, one Ghanshyam Dass, arrayed as co-respondent No. 3, obtained 85 marks, and, one Chet Ram, arrayed as co-respondent No.5, obtained 60 marks, hence, in the viva voce. The reason, for, the, writ petitioner, becoming declared "not eligible", despite, becoming invited for the interview, is, encapsulated, in, his not, complying, with, condition No.6, inasmuch, as, his, at, the, relevant stage failing, to, submit, the, copy, of, his apposite discharge certificate, from, the, Army. 2. The merit, of, the, afore reason, as, becomes assigned, by, the, respondent concerned, for, its not interviewing, the, writ petitioner, has, to be adjudged, on, anvil, of, the, definition, of, ex-servicemen, as borne in Rule (2), of, a notification, as, became, issued, on, 18.09.2007, by, the, Government, of, Himachal Pradesh. The apposite afore Rule, is, extracted hereinafter:- "2.
2. The merit, of, the, afore reason, as, becomes assigned, by, the, respondent concerned, for, its not interviewing, the, writ petitioner, has, to be adjudged, on, anvil, of, the, definition, of, ex-servicemen, as borne in Rule (2), of, a notification, as, became, issued, on, 18.09.2007, by, the, Government, of, Himachal Pradesh. The apposite afore Rule, is, extracted hereinafter:- "2. Definition "(b) "Ex-servicemen" means a person, who has served in any rank whether as a combatant or non-combatant in the regular Army, Navy and Air Force of the Indian Union and,- (i) who retired from such service after earning his/her pension; or (ii) who has been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or (iii) who has been released/retired or discharged at his own request or as a result of reduction in establishment; or (iv) who has been released from such service after completing the specific period of engagements otherwise by way of dismissal or discharge on account of misconduct or in-efficiency and has been given gratuity and includes personnel of the Territorial Army of the following categories;- (i) pension holders for continuous embodied service; (ii) persons with disability attributable to military service; and (iii) gallantry award winners.
Explanation: The person serving in the Armed Forces of the Union, who on retirement from service, would come under the category of "Ex-Servicemen" may be permitted to apply for re-employment one year before the completion of the specified terms of engagement and avail themselves of all concession available to ex-servicemen but shall not be permitted to leave the uniform until they complete the specified terms of engagement in the Armed Forces of the Union." Though, the substantive portion of the afore definition, and, pointedly, the, one appertaining, to, the, extant situation, and, as becomes embodied, in, clause (iv) thereof, does enjoin, upon, the, aspirant concerned, for becoming fully capacitated, rather for competing, in, the, afore category, of, the, apposite advertised post, to, hence, at, the, relevant stage, ensure, qua, his becoming released, from, the Military service, and, it also further contains enshrinements, vis-a-vis, the aspirant concerned, becoming construable, to, fall, within, the, definition, of, ex-servicemen, (a) upon, his becoming amenable, for, being released, from, military service, amenability whereof, becoming spurred, only after his completing, the, specific period, of, his engagements, otherwise, by way, of, his dismissal or discharge, on, account, of, misconduct or inefficiency, and, has been given gratuity. The writ petitioner, claims, that, he falls within clause (4), of, the afore apposite Rule 2, inasmuch, as, he espouses, visa-vis, his becoming released, from, military service, after his completing the apposite specific period, of, service therein. However, the, import, of, sub-clause (iv), and, as, becomes borne, in, Rule 2, of, the, apposite notification, has, also to be gauged, from, the, explanation occurring thereunderneath, (b) wherein, it becomes mandated, vis-a-vis, those persons serving in the Armed Forces, of, the Union, and, on retirement from service, hence, would come under the category of exservicemen, (c) besides, would become further ably enabled, for, becoming permitted to apply, for, re-employment, rather even yet with one year, surviving, obviously, before, the, completion, of, the, specified terms, of, engagement, in, military service. (d) Moreover, thereafter, it, also becomes mandated therein, qua theirs not becoming permitted, to, leave, the, uniform, until, they complete, the, specified terms, of, engagement, in, the, Armed Forces, of, the Union. 3.
(d) Moreover, thereafter, it, also becomes mandated therein, qua theirs not becoming permitted, to, leave, the, uniform, until, they complete, the, specified terms, of, engagement, in, the, Armed Forces, of, the Union. 3. A perusal, of, the apposite no objection, borne in Annexure P/4, as, became issued in the month of February, 2013, by, the authorised officer of the Indian Army, vis-a-vis, the petitioner (a) underscores, vis-a-vis, the petitioner completing the mandatory tenure, of, five years, of, his military service, rather on 12th May, 2013, (b) and, also it becomes pronounced therein, vis-a-vis, the Indian Army rather holding no objection, if the petitioner makes, an application for civil jobs, (c) besides, a further no objection becomes echoed therein, vis-a-vis, his appearing in the competitive examination, (d) yet, also therein, an, echoing occurs, vis-a-vis, his being released, on, his making, a, three moths prior notice, upon, his selection, vis-a-vis, the military authorities, hence, computable, from, the, date, of, receipt, of, offer, of, appointment. Furthermore, the writ petitioner, as, underscored, by Annexure R-2/2, becomes declared, to, not become subjected, to, any disciplinary/quasiJudicial/Judicial proceedings, hence, obviously, and, apparently there being no impediment, or, bar against his becoming released, from, military services. The effect, of, the afore communications, as, become embodied, in, the afore annexure, is, to be guaged, along with, and, in, tandem, with, the, apposite publication, of, advertisement, hence, on 1.1.2014, (e) publication whereof, occurred, upon, almost six months elapsing since the making, of, Annexure P-4, and, wherein, it becomes pronounced qua the petitioner, completing his specific period, of, engagement, in, the military service, and, hence, his becoming empowered, to, claim, the, benefit of clause (iv), of, Rule 2, of, the, apposite notification, (f) inasmuch, as, when it becomes echoed, in, Annexure P-4, qua, the, petitioner herein completing, the, mandatory tenure of military service on 12th May, 2013, hence, the requisite compliances, within, the, domain, of, the afore apposite clause, does obviously occur, and, also surges forth. Conspicuously also rather, pointedly, when, the apposite completest, hence, completion, in military service, rather, occurred, not one year prior to its completion, rather, evidently when the, completest, hence, apposite completion, did occur, six months, prior to, the, apposite publication, reiteratedly hence rendering, open an inference qua the apposite rule becoming thereat hence complied with. 4.
Conspicuously also rather, pointedly, when, the apposite completest, hence, completion, in military service, rather, occurred, not one year prior to its completion, rather, evidently when the, completest, hence, apposite completion, did occur, six months, prior to, the, apposite publication, reiteratedly hence rendering, open an inference qua the apposite rule becoming thereat hence complied with. 4. Nonetheless, the respondent concerned, upon, the afore anvil, qua, his, not, producing, the, discharge certificate, from, the, Indian Army, at the time of his appearing, for interview, hence, declared him, to become, "not eligible" for, becoming viva voced, vis-a-vis, the advertised post, under, the category of ex-servicemen. The afore declining, to, the, writ petitioner, appears, to, arise, from, the, grossest misinterpretation, of, clause (iv) of Rule 2, of, the, apposite notification, and, also, of, the, explanation, occurring thereunderneath, (a) more so, when pointed echoings occur therewithin, qua, the, writ petitioner becoming amenable, for, becoming, pronounced, to, complete, the, specific period, of, engagements, in, the, military services, upon, cogent therewith material existing, on, record, (b) and, also when the impediments cast therein, against his valid release, hence becoming made, from, the, Indian Army, inasmuch, as, his not becoming dismissed or discharged, on, account, of, misconduct or inefficiency, also, does not, become attracted against him, given the afore no objection certificate, being issued, qua him, by, the military authorities. Furthermore, also when the apposite concurring therewith echoings become embodied in Annexure P-4. In aftermath, it appears that the afore insistences, as, made, by, the, respondent concerned, vis-a-vis, at the afore stage, the, petitioner, rather producing, the, discharge certificate, from, the, military service, reiteratedly rather, arising, from, a gross misunderstanding, of, the, mandate enshrined, in, the, explanation occurring below clauses (iii) and (iv), of, Rule 2, of, the apposite notification, (c) wherein, rather an echoing exists qua there being, an, injunction against the petitioner, hence, against his leaving the uniform, until he, completes, the, specified terms, of, engagement, in, the, Armed Forces, of, the Union.
However, even if, the afore impeding period, as, may purportedly become attracted rather, by, the respondent concerned, and, against the petitioner, for, the former becoming declared "not eligible", for, appearing, in, the interview, even after his successfully competing, in the, not objected to, apposite written examination, vis-a-vis, the apposite advertised post, yet its purported apt barring, as, attracted against the petitioner, does again, spur, from, a grossest misunderstanding, and, mis-appraisal of Annexure P-4, (d) wherein, the, petitioner, became mandated, to, serve, only, a, three months' notice, to be computed, from, the date, of, his receiving, the, apposite offer, of, appointment, (e) and, obviously, the, import, of, the, afore three months selection/appointment notice, is, qua it only casting, a, mandate, upon, the, writ petitioner, and, also, upon, the, military authorities, for, both afore(s) hence ensuring compliance being meted, vis-a-vis, the last mandate occurring, in, the afore explanation, borne underneath Rule 2, of, the, apposite notification, (f) inasmuch, as, in the afore interregnum, the petitioner though donning military uniform, yet, also within the afore span, the military authorities making or paving way, for, the, apposite discharge certificate becoming issued qua him, (g) and, also dehors, the, non issuance, of, the afore, yet "the requisite impacts", vis-a-vis, the, echoings borne in Annexure P4, given theirs bearing apt concurrence(s), with, the afore alluded enshrinements hence occurring, in, clause (iv), of, Rule 2, and, also with the apposite explanation occurring thereundeath, naturally rather remains, "undiluted, and, also uneroded".
Emphatically, when, hence, within the afore period of three months, to be computed from the date of selection, and, was, to, hence don military uniform, and, rather could not be issued, the, apposite discharge certificate, from, the, military service, despite, his within the ambit clause (iv) of Rule 2, of, the apposite notification, his becoming pronounced, in, Annexure P-4, to, complete, the, specific period, of, his engagement, in, Military service, (h) whereupon, as, a, natural corollary, it became enjoined, upon, the respondent concerned, to strike the apposite balance, inter se, the explanation occurring underneath clause (iii), and, vis-a-vis, clause (iv), of, Rule 2, of, the apposite notification, (i) wherein, there, is, an injunction cast, against, his becoming permitted to leave uniform, uptil he completes, the, specific term, of, his engagements, in, the military services, services whereof excepting, the afore, requirement, of, his serving, the, afore notice of selection, upon, the Indian Army, rather became completed, rather much earlier. For ensuring, the afore, inter se, balance, becoming struck, rather nowat, when the specific term, of, his apposite engagement when hence became, as aforestated, completed by him, within, the ambit of clause (iv), of, the apposite notification, (j) and, since, as, aforestated, when, a, no objection certificate became issued, to, the petitioner, by, the military authorities concerned, and, when it also become purveyed to the respondent concerned, hence, the afore naturally empowered, him, to, seek his completest release, from, the Army. (k) Moreover, when he became entitled, to, hence his becoming issued, the, apposite discharge certificate, rather only, upon, his hence issuing, a, three months' selection notice, upon, the Indian Army, only, for the limited purpose, for, hence, during the afore span, the, military authorities rather paving way, for, the apposite discharge certificate, becoming issued qua him.
(k) Moreover, when he became entitled, to, hence his becoming issued, the, apposite discharge certificate, rather only, upon, his hence issuing, a, three months' selection notice, upon, the Indian Army, only, for the limited purpose, for, hence, during the afore span, the, military authorities rather paving way, for, the apposite discharge certificate, becoming issued qua him. Consequently, the, afore requisite, inter se, balance rather emerging, from, Annexure P-4, and, the latter evincing, hence with, outspokenness, qua, compliance(s) becoming meted, vis-a-vis, the echoings occurring, borne, in, clause (iv) of Rule 2, of, the apposite notification, and, alsowith Annexure P-4, echoing hence with candour, qua the readiness of the military authorities, to, issue qua the petitioner, the apposite discharge certificate, upon, his, making or serving, a, three months selection/appointment notice, upon, the military authorities, (l) thereupon, the issuance, of, the elicited discharge certificate, was, releasable only, upon, his becoming selected, under, the, category, of, ex-servicemen, against, the advertised post, (m) thereupon, when it was hence purveyable after his selection, and, rather not, at, the pre-selection stage, nor at the stage, of, his becoming interviewed, by, the respondent concerned, hence, his becoming declined rather for being interviewed, merely, on the flimsy pretext, vis-a-vis, his thereat not possessing, the, discharge certificate, is, untenable, (n) reiteratedly when, as aforestated, the issuance, of, the, discharge certificate, vis-a-vis, him, rather depended upon, his becoming selected, in, the category, of, ex-servicemen, against the apposite post, and, when, as aforestated, he did mete full compliance, with, the mandate, of, clause (iii), and, of, (iv) of Rule 2, of, the, apposite notification. 5. In aftermath, since the writ petitioner became eligible, for, being considered for selection, to, the advertised post, under, the category of ex-servicemen (general), yet, his becoming untenably precluded, from, facing, the, interview, hence, this Court, is, constrained, to direct, the, respondents concerned, to, conduct the interview, of, the writ petitioner, and, to thereafter, award, in accordance with law, marks to him, and, in case marks awarded to him, are, higher than the one as became awarded, to, other aspirants, who competed with him, under, the category of ex-servicemen, rather, to thereafter, in, accordance with law, select him, against, the, advertised post. With the afore observations, the extant writ petition is allowed. All pending applications also stand disposed of.