Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Armed forces - 1972 - Demobilized Armed Forces Personnel (ReservatiOn of Vacancies in the Himachal Pradesh State Non- Technical Services) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Armed forces -,- Demobilised Armed Forces Personnel C (ReservatiOn of Vacancies in the Himachal Pradesh State Non Technical Services) Rules, 1972 - 1:5(1) providing benefit of past ·service rendered in armed forces to ex-servicemen for the purpose of fixation of seniority and pay in civil employment - Challenge to - If such a benefit of counting past service rendered in the armed forces was admissible only to those personnel who joined the jorces D during the period of Emergency and not to ex-servicemen who had joined the armed forces at the time of peace - Held: Rules giving benefit of service in armed forces to those ex-servicemen who joined during Emergency are pe~justified - Call of service to nation during war period is on a totally different jooting than joining army when the country is not facing any such foreign aggression - Persons joining armed forces at that time, sacrificing their career, to be treated E as a separate class by extending tl1em the benefit in the matter o/ seniority as. well - However, those who joined the armed forces during peace times, they do so in look out of a career and joined such services of their own volition - They join the armed forces as a profession like any other - Thus, the two categories of exservicemen form two separate classes and are not equal to each other - Service law - Reservation. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2017 INSC 807 |
Petitioner | R. K. Barwaland Others |
Respondent | State Of Himachal .pradesh And Others |
SCR | [2017] 9 S.C.R. 671 |
Judgement Date | 2017-08-25 |
Case Number | 11060 |
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